GRAY TOWN COUNCIL
MEETING MINUTES
AUGUST 16, 2005
Present:
Town Council Members: Gary Foster, Andy Upham, Denise Duda, Skip Crane and John Welch
Town Manager Mitchell Berkowitz
Others Present and Speaking: Bob Quigley, Michael Salvetti, Jack Goosetrey, Fran Monroe, Elizabeth Prata and Don Crandall
Chair Foster called the meeting to order at 7:00 p.m.
First Order of Business
Interview of Council Candidate – John Welch
Councilor Foster explained Mr. Welch is the only candidate applying for the open Council seat since the other applicant withdrew her application last week.
John Welch was introduced and both Councilors Crane and Duda expressed their support. Councilor Duda asked if Mr. Welch felt there were any areas that might fall under a potential conflict of office since the Council has been recently addressing that with regard to the GPLA/Library Trustees groups.
Mr. Welch noted that he could not think of anything at the present time.
John asked what the Council expected his role to be as a fellow councilor and noted that the five members should have equal power as per the Town Charter. In previous Councils Mr. Welch said he felt the Chair seemed to have more say and control over town matters but he did not see that with the current Council at the present time.
Chair Foster explained that the role for a Council member is to represent the people as best as possible remembering that a Council member is a representative and not a ruler.
The Chair and other Councilor members noted John’s previous experience and involvement in the local town government issues and welcomed him.
Interview of Dry Mills Schoolhouse Candidates: Robert Quigley and Cora Skilling
Bob Quigley was introduced as a volunteer member of the Dry Mills School House Committee. Mr. Quigley said he wanted to join the committee to help promote a Town jewel – the Dry Mills Schoolhouse. The current building could be utilized and marketed as a tourist attraction and he hoped to work with the Committee to achieve that goal. Mr. Quigley will be in charge of community programs at the Schoolhouse.
The Chair reported Cora Skilling been on this committee for many years and was unaware that her term had expired. Ms. Skilling was not present at tonight’s meeting but it was noted he position is a renewal and not a new application. She was thanked publicly for her continuing service.
There were no comments from the public.
Second Order of Business:
Approval of August 2, 2005 Town Council Minutes
Corrections:
Page 4: The Council reviewed the questions to be posed to potential council candidates and made some medications. recommendations.
Page 5: par. 4: Radon is permeating into the addition at Pennell and would cost approximately $400,000 $47,000 to address.
Page 5, par. 2: Additional costs- approximately 1.25 million $1.225 million.
The Sewell Report: noted Pennell has 12,600 sq feet 12,006 square feet of available space.
The Manager noted he changed the heading of the minutes to reflect the correct date of August 2, 2005.
Councilor Crane moved to approve the minutes as amended.
Councilor Upham seconded.
There were no other comments.
The motion carried unanimously.
Third Order of Business:
Reports from the Council Chair
Chair Foster reported the information requested by Paul Proudian, which included all emails from Elizabeth Prata from June 2004 to present, have been gathered, and are at the Town Office. So far the Town has expended over 13 hours to address the request, which falls under the Freedom of Information Act. Legal fees are $640.00 to date.
On September 2, a barbeque will be hosted at the Town Manager’s home. No council business will be discussed at this social gathering.
Reports from the Town Manager
Tuesday
August 16, 2005
Assessor To Set the Tax Rate:
After Ms. Taylor completes the review of the Town’s property values and the changes that have occurred as of April 1, 2005, she will be committing the tax rate for the Fiscal Year 2006 taxes. While we expect the tax rate to decrease the final number will not be generated until early next week. The past tax rate $13.40 was for fiscal year 2005.
Most taxpayers do not realize that the increased homestead exemption is only reimbursed to the town at 50% and the balance of those exemptions is spread across all tax payers locally.
Besides the regular pressures at this time of the year, the State’s legislation on tax reform had to be reviewed to determine if the Town exceeded its spending cap. The review indicates the town was under the tax cap.
State Inspects Bridges:
As expected, the MDOT completed their inspection of the Davis Bridge, Knights Bridge and Mayall Bridge. The State has indicated these bridges are in critical condition and
action is required for the public’s safety. These three bridges are slated for reconstruction in this fiscal year starting next spring. The engineering firms are preparing for a fall bidding which will allow the successful contractors to commence work pending winter weather conditions. In the interim the Town will work to install temporary struts on the Davis Bridge, similar to what has been installed on the Mayall Bridge. We will also work to under pin the Mayall Bridge and use riprap to abate further scouring.
Fall Green up Days and House Hold Hazardous Waste Collection:
The Gray Solid Waste and Recycling Committee along with Randy Cookson has established the dates of August 26-28 as the annual Fall Green up Days. Gray Residents are invited to bring their items to the transfer station and this is the time for free deposits of limited quantities of appliances and the like. Look for the advertisements for the details. Also, over the next few weeks including this Green up weekend there will be spot inspections for transfer station stickers. Entry to the Transfer Station requires a sticker. They are available for purchase at the Town Offices, Transfer Station and Public
Safety Dispatch Center for $5.00
The annual household hazardous waste collection will be held on Saturday, August 27 from 9-1PM at the Town’s Sand and Salt Building just before the Transfer Station. The Committee is working with the Town’s of New Gloucester, North Yarmouth and Pownal the firm EPI who will collect the hazardous materials that day. The details of the collection will be coming through advertisements and flyers. The cost of the collection is offset in part by a grant obtained from the State Planning Office.
Maine DEP Conducts an Onsite Inspection at Public Works:
The Maine DEP conducted their inspection and found the tank warning alarm system non-operable. Steve LaVallee has contacted the vendor who normally conducts the annual cleaning and maintenance and is in the process of resolving the issue. The failure of the alarm also brought a $300 fine. In the future, annual cleaning and maintenance will be scheduled to occur earlier in the 12-month cycle and the system will be readied for any inspections.
Department of Human Services Inspection:
The Town was recently inspected for its General Assistance program by the DHS. Under the administration of Donna Hill, the inspector noted the Town is in compliance and suggested a reposting of information, which has been completed.
Energy Pricing:
The Town has locked in some of its more costly energy with pricing that provides predictability and avoids spiking during the heating season. We worked closely with the MSAD #15 and extend our appreciation to Mr. Terry Towle, Director of Operations for his negotiating the final prices.
#2 heating oil- $1.719gallon LP Propane $1.449/gallon
Monthly Library Report:
The report for July, 2005 indicates that participation continues to grow and that more people are using the facilities and resources. With added programming in July, it became on of the busiest month of the year.
On a separate note, the annual book sale will be Saturday, September 17 from 9-1 PM at the public library. Contact Darcel DeVou for more information and to volunteer.
Respectfully
Mitchell A. Berkowitz
Councilor Upham asked if the specifications for the upcoming bridgework are complete. The Manager reported the work was still in progress and explained the dry hydrant at Mayall Bridge would be fully operational at the end of the 45-day repair period.
Fourth Order of Business:
Committee Appointments and Resignations
Heather Skilling’s letter of resignation from the School Board has been received with regret.
Julie DeRoche’s letter withdrawing her application to fill the vacant Council seat was also received.
Committee Reports
Councilor Duda reported the Library Board of Trustees discussed expanding their hours beginning this fall with a 9:00 a.m. opening and 6:00 p.m. closing on Fridays. The Board is currently working on a space plan for the Hancock location and Pennell, which will include future growth projects.
The Dry Mills Schoolhouse Committee met and welcomed Bob Quigley who has volunteered to serve. Cora Skilling will be the volunteer coordinator for the Committee. Her phone number is 657-3662. The Committee will be hosting a bake sale on August 21st from 11:00 a.m.- 2:00 p.m. The Dry Mills Schoolhouse is located on the road to the Maine Wildlife Park off Route 26.
Councilor Upham reported the Planning Board met to discuss the proposed amendments to the zoning ordinance and received public comment. The Board made one change, which asked for the addition of a definition of “nuisance” with regard to animal husbandry.
Councilor Crane noted the CEDC was asked to attend the September 6th Council meeting to make a presentation but has asked the Council to attend their meeting on August 21st instead.
Chair Foster reported the ORC meeting on August 4th went over the Agritourism proposal and changed the acreage requirement to 50 acres as was originally proposed by Craig Denekas. The ORC members were prepared to discuss the proposed zoning changes but the information was not made available to them in time for the meeting.
The WH zone delineation will remain unchanged based on the most current information provided by the engineering reports. The southern boundary was reduced minimally.
Solid Waste met on August 10th. The Smurt Stonemill has closed which may lower prices paid for recycled paper. The group also reviewed their latest flyer. Fliers will be made available at the Town Office and the Transfer Station. Hazardous Waste Collection will be on August 27th from 9:00 a.m. to 1:00 p.m.
Council Correspondence-
Jason Wilson’s email was received. Mr. Wilson wrote about his demolition permit (dual permit) which has been recently denied due to the dispute over where his property is zoned. Mr. Wilson contends his funeral home is located in the VAP and not the AOZ zone. Jason added the CEO was aware of the dual permit and when the Town adopted the GIS mapping, no procedures were ever put in place for disputes. Mr. Wilson asked for the Councils consideration of this matter and asked that they not move his property in to the more restrictive AOZ zone, which would pose a significant hardship to him.
Peter Pinkerton’s email was received. Mr. Pinkerton informed the Council that Pennell Institute could be eligible for a historical preservation grant and noted the website and address for more information.
Jeanne Adams requested more information on the CEDC committee. Her letter was forwarded to Julie Sheets.
MSAD #15 Director Vacancy
Receipt of the ORC Draft for Agritourism
Council Business
Workshop Status- Review of August 8 workshop
The Council met with Bill Dale at its late meeting. Gray Historical members made a presentation, which was extremely informative. Mr. Dale answered questions for over three hours that addressed zoning issues, and incompatibility of office matters. The Council will be working on a policy to address the incompatibility issue.
Councilor Upham said that while he originally supported a policy, he would rather just address the current GPLA/Library Trustees matter and wait to pursue a policy to see if it is necessary. Councilor Upham noted that if the consensus of the other members were to pursue a policy, he would support it.
Chair Foster noted Mr. Dale at some point the Council would have to have a policy put in place. Councilor Duda said she reviewed the Manager’s and the Attorney’s materials and neither deal with private boards. Councilor Duda said she did not think it was wise to
pursue the matter until the council is more informed. Councilor Upham stated it was unfair to hold the parties hostage and the Council should resolve the conflict at the next workshop. Chair Foster said the council could draft a simply policy and the group
discussed and agreed to meet on Wednesday August 24th to address this one agenda item.
Discussion of Incompatibility of Office Policy
Draft Agenda for September 6 Council Meeting
Fifth Order of Business:
Additions to the Agenda
None
Sixth Order of Business
Public Discussion of Non-Agenda Items.
Mike Salvetti, Mayberry Road thanked the Council for moving the public discussion part of the meeting to an earlier time slot. Mr. Salvetti said while he has the utmost respect for the Freedom of Information request made by Mr. Proudian he felt the recent request was an example of abuse. Councilor Foster explained that while the first request was not billed to Mr. Proudian due to an oversight, he has been provided an estimate for his second request (emails).
Fran Monroe, Lewiston Road agreed with Mr. Salvetti and noted the Manager to be at fault for not providing the Council with the right information so the first request made by Mr. Proudian could have been billed. Ms. Monroe asked the Council to look into the errors that are made by the Manager. The Manager responded that Mr. Proudian’s first request was made on July 1st and previously there were no specifications in place for abuse. Mr. Berkowitz explained that the matter is relatively new and it would be unfair to look at how previous councils handled requests because the law has changed since then.
Jack Goosetrey asked how the Town could estimate how long it takes to obtain information for requests made by individuals. The Manager explained that after the first hour, the Town could charge $10 per hour for every hour of additional time spent on obtaining information.
Elizabeth Prata, Monument News explained that the Legislature looked at strengthening the Right to Know law and many town’s are now dealing with costs associated with requests that are being made that are harassment and abuse of the law. The law was passed last summer and is fairly new.
Don Crandall, Brown Street asked who wrote the letter that was read on July 19th by Councilor Foster. Councilor Foster said he did not know who wrote the letter and in the future would not read any correspondence that is not signed. Mr. Crandall explained that the Council should consider not using email as a form of correspondence because email can be altered and may not show the full request to the recipient. Don took issue with the $10 fee and wondered what would happen to someone who could not afford to pay. Chair Foster explained that if the request takes less than one hour, no charge is associated with the request. Ms. Prata explained poverty abatements are available to those individuals who cannot afford to pay. Ms. Monroe said that the Council should
comply with the state law and keep all email correspondence on file at the Town Office. Councilor Foster explained that the Freedom of Access statute is separate from a retention law or policy and that elected officials are not required to provide emails to the public, only when requested.
Councilor Crane talked about the Gray Fire Rescue Celebration set for September 17th, which would require a section of Route 26 to be closed for the parade event. The Manager explained the Chief is working with the MDOT, County Sheriff’s department and other agencies with traffic diverting to Weymouth Road from approximately 1:00 p.m. until 3:00 p.m.
All businesses that will be affected by the closure will be notified. Councilor Upham asked if the Fire Rescue submitted their mass gathering permit application and if they were within the required 60-day notification requirement. Councilor Upham read from
Section 215.21, which addresses Mass Gatherings. The Manager said he would obtain a copy of the application. The public hearing is set for September 6th.
Councilor Upham noted that as of the last council meeting, an application had not yet been received and that the department did not appear to be in compliance with the ordinance. Councilor Crane added that the public should have had an opportunity to comment without being so close to the scheduled event. Councilor Crane said he believed the event fell under Section B of the ordinance and was not subject to the Mass Gathering permit process. The Manager said he determined the group did fall under the exception and that the wording he used at the August 2nd meeting was incorrect. He found the group to be exempt was asking them to comply as guidance.
Elizabeth Prata asked if the Fire and Rescue and Public Safety departments were required to follow the mass gathering requirements. The Manager explained that because there is a mixture of private and public dollars they are exempt. The collaboration of the two groups puts them in the Section 2 category of the ordinance, which does not require a permit.
Fran Monroe asked if the American Legion would also be required to have a permit for their Memorial Day and other events. If bonding and other requirements were required, it would present a hardship to the Legion. Ms. Monroe suggested the ordinance be reviewed and amended.
Jack Goosetrey suggested exempting the Fire Department from the application and rewriting the mass gathering ordinance. As a volunteer firefighter, it would be disrespectful to cancel the event at this late date. Councilor Foster said he would not be against repealing the ordinance altogether.
Don Crandall asked the Council to use common sense and to hold the event as planned.
Seventh Order of Business: ORDERS AND ORDINANCES
Order #14- To review and act on the Council’s appointment to fill the unexpired term of Matthew Sturgis as a Town Councilor, serving until the results of the next town annual election in June, 2006. Sponsor- Town Council
Councilor Crane moved to appoint John Welch to fill the un-expired term of Matthew Sturgis as Town Council until the next Town Annual election in June 2006.
Councilor Duda seconded the motion.
Jack Goosetrey said John would serve the town well and would do a great job on the Council.
Don Crandall said he opposed Mr. Welch filling the Council seat and noted he did not feel he is competent to due the job.
There was no other public comment.
The motion carried 4-0.
John Welch was sworn in by the Town Manager.
This action requires a majority vote after an opportunity for public comment
Order #99- [Tabled on June 21, 2005] To review and act on the amendments and the official zoning map of the Town of Gray Zoning Ordinances as per the attached with proposed amendments.
Councilor Crane moved to remove Order #99 from the TABLE.
Councilor Upham seconded.
The vote was unanimous, 5-0.
Councilor Crane moved to review and act on the amendments and the official zoning map of the Town of Gray Zoning Ordinances.
Councilor Upham seconded.
Councilor Welch asked who the municipal officers are that are referenced in the first line of the ordinance. Councilor Foster explained that referred to the Town Council members. Councilor Welch said he would prefer that the wording stated Town Council instead of municipal officers. Councilor Upham sited several problems with the ordinance that needed more review including the definition of “nuisance” as it pertains to animal husbandry.
Councilor Duda mentioned a comma that was corrected previously but was left out again. The council discussed the sixth line under number 14 and decided it should read. “..that an error, (comma) a mistake of law…”
Councilor Upham moved to amend Order #99 to include the changes in the ordinance dated May 19, 2005 draft as of August 16, 2005 Section 402.4, 402.16, 402,17, 402.21 draft as of August 16, 2005, Section 402.22 draft as of August 16, 2005, Section 402.24 draft as of August 16, 2005,402.20.2 draft as of August 16, 2005, Section 402.20.1.draft as of August 16, 2005, 402.32 draft as of August 16, 2005.
Councilor Crane seconded.
Fran Monroe asked if Agritourism is an allowed use in all town zones. Councilor Foster explained that it is only allowed in the RRA zone at the present time.
There were no other comments.
The vote was 5-0 on the amended motion.
The Order will now require a second reading to be held at the September 6th Town Council meeting.
The Council voted on the main motion. It carried 4-1 (Duda opposed).
Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment
Order#15- To review and act on the appointment of Cora Skilling to a three year term as a member of the Dry Mills Schoolhouse Committee, 07/01/05-06/30/08.
Councilor Crane moved to act on the reappointment of Cora Skilling to a three year term as a member of the Dry Mills Schoolhouse Committee, 07/01/05-06/30/08.
Councilor Duda seconded.
There were no comments from the public.
The motion carried 5-0.
Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment
Order #16- To review and act upon the amendment and extension of the snow plowing contracts for Mr. Bruce Kimball and Mr. Keith Osgood. Sponsor- Town Manager
Councilor Crane moved to extend the snowing plowing contracts for Bruce Kimball and Keith Osgood.
Councilor Duda seconded.
The Manager explained that if the contracts were to be presented for bid, they would likely have come in higher due to the recent gas and oil increases. Mr. Kimball and Mr. Osgood agreed to work at negotiated prices considered lower than the current market.
There were no comments from the public.
The vote was 3-1-1 (Welch abstained, Upham opposed)
This action requires a majority vote after an opportunity for public comment
Order #17- Review and act on the proposed slate of officers for the Maine Municipal Association Executive Board. Sponsor- Town Manager
Councilor Crane moved to act on the proposed slate of offices for MMA Executive Board.
Councilor Upham seconded.
There was no public comment.
The motion carried 4-0-1 (Welch abstained).
This action requires a majority vote after an opportunity for public comment
Eighth Order of Business:
Council Action Items and Assignments
Upcoming items for discussion:
Review information and do research for the Council workshops
Charter changes: The Council will discuss the possibility of changing the Town Meeting date but would like time to send out a survey to see what the publics response is.
Finance Committee changes: The council agreed that three citizens seemed a reasonable number for this committee. This item will be added as an agenda item on the August 24th Workshop for discussion.
Councilor Welch said he would consider which committees and boards he will be serving on as Council liaison.
Don Crandall said he was not sure he supported asking outsiders for help with regard to the financial decisions made by the town. Councilor Foster said he felt there were more qualified people than himself and looked for their help and experience with the financial matters and town’s budget.
Councilor Foster thanked the Cable Committee and the Recorder for their time during this evening’s lengthy meeting.
Ninth Order of Business:
Adjournment
The meeting adjourned at 10:58 p.m.
Respectfully submitted,
Janmarie Castagna Bourret
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