TOWN COUNCIL
MEETING MINUTES
September 20, 2005
Present: Town Councilors Gary Foster, Denise Duda, Andy Upham, Skip Crane and John Welch
Town Manager Mitchell Berkowitz
Others Present and Speaking: Joyce Burrow, Richard Hall, Pamela Wilkinson, Michael Salvetti, Janet Neal and Annalisa Schultz
Chair Gary Foster called the meeting to order at 7:17 p.m.
First Order of Business:
Public Hearing: To take public comment, both written and oral, on the proposed Charter Amendment to allow at least one Council member and citizens to the make up of the Council Finance Committee to have. The proposal is to present this to the voters at the November 2005 General Election. (second of two hearings)
There were no comments from the public.
The Public Hearing was closed.
Public Hearing: To take public comment, both written and oral, on the proposed Charter Amendment to allow for the change in the date and day for the Town’s Annual Meeting to the first Saturday in May. The proposal is to present this to the voters at the November 2005 General Election. (second of two hearings)
There were no comments from the public.
The Public Hearing was closed.
Interview the applicants for the positions of Library Trustee and Alternate: Ms. Joyce Burrow and Mr. Richard B. Hall
Joyce Burrow was introduced. Councilor Duda asked Ms. Burrow about her background in teaching and literature. Joyce explained that she worked with students at the junior and senior high school level in Cape Elizabeth and had a background in remedial reading as well as early childhood education. Joyce added that she was a member of the Federal Woman’s Club of American, and held positions on the YMCA board.
Councilor Welch asked Ms. Burrow if she was familiar with the Gray Public Library Association and wondered how she felt about the potential conflict between GPLA member and the Library Board of Trustees regarding the possible relocation of the Library to the Pennell Institute.
Ms. Burrow said she was aware of GPLA but was not familiar with them and noted that if there was a potential conflict for any board member, they should resign from one organization or the other.
Ms. Burrow said that no matter where the library is ultimately located, there will be a need for financial support and for bringing the residents of Gray a library that fosters good citizens and education of the town’s youth. Joyce said she hoped the library would be able to have a larger role in the community with the community’s financial support through fundraisers and the Councils support as well.
Richard Hall was introduced. Mr. Hall explained he had his masters’ degree in education with a background in rehabilitation services. Having raised three children, Mr. Hall added that he was very familiar with the library. To address the question of conflict of interest,
Richard stated that even if a remote conflict exists, a person should remove themselves from their position on a board or group committee. The Council should help to support the library so that all age groups and all income levels can receive library services.
Interview Ms. Jennifer MacEachern for the Charles Barker Scholarship.
Ms. MacEachern was not present and was not interviewed.
Interview Mrs. Pamela Wilkinson for the Ordinance Review Committee as an Alternate
Pam Wilkinson was introduced. Councilor Duda asked for an explanation with regard to information that was not sent to the ORC members when Ms. Wilkinson served on the previous Council. Ms. Wilkinson explained that the members were invited to several forums but noted communication was lacking. Pam said she hoped to improve communications between the ORC and the Council as an ORC member and wanted to bring her 25 years of experience to the committee. Previously Ms. Wilkinson served on the ORC and the Planning Board. Councilor Welch asked why she wanted to serve at this time. Pam explained that she was very interested in zoning and enjoyed the research associated with it. Ms. Wilkinson added that she felt the ORC needed to have more meetings to help facilitate the process.
Ms. Wilkinson responded to Council Welch’s question concerning Order #99 by saying she felt there was enough information available to proceed with the zoning of the wellhead areas but did not think it was realistic to submit the entire zoning package at one time for approval. Pam said she supported a zone-by-zone approval with public hearings.
Second Order of Business:
Approval of the August 16, 2005 Town Council Minutes
Councilor Duda moved to approve the minutes of August 16, 2005.
Councilor Crane seconded the motion.
Corrections:
Page 5: 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 September 21st instead.
Page 8: Don Crandall said he opposed Mr. Welch filling the Council seat but did not give a specific reason and noted he did not feel he is competent to do the job.
Page 6: Chair Foster said the council could draft a simply sample policy and the group discussed and agreed to meet on Wednesday August 24th to address this one agenda item.
Page 5, paragraph 3: The Smurt Smurtfit Stonemill has closed which may lower prices paid for recycled paper.
Page 10, Eighth Order: 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 publics’ response is.
The vote was 5-0 on both the main and amended motions.
Approval of September 6, 2005 Town Council Minutes
Councilor Upham moved to approve the minutes of September 6, 2005.
Councilor Crane seconded.
Corrections:
Page 6, Fourth Order, line three: Richard Hall and Joyce Burrow have applied for seats on the Library Board of Trustees and Jeanne Adams applied for a position on the Finance Committee. Community Economic and Development Committee.
Page 2, paragraph six: Pam Wilkinson expressed he her support of the change for the date of the annual town meeting.
Page 12: Councilor Crane asked the Manager to confirm no funds are expended other than the normal fees for the celebration event.
Page 9, paragraph two, second sentence: Councilor Upham said he was in favor of taking action on the Agritourism piece only.
Page 9, paragraph two, last sentence: Councilor Duda agreed saying several zone zones were missing in Order 99 that are important to the entire zoning picture for the town.
Page 9, paragraph five: Chris Dombrowsky Dombrowski asked the Council not to table the order.
The main and amended motions carried unanimously, 5-0.
Third Order of Business:
Reports from the Council Chair
The Chair reported the 125th anniversary celebration of the Town’s Fire and Rescue was canceled due to inclement weather. The rescheduled date has not yet been determined.
All those who volunteered in the planning were thanked by the Chair on behalf of the Council.
On September 15th the Finance Committee met with the auditors who reported the Town’s finances are in order. The report noted improvements are needed in segregation of duties payroll processing, invoicing and general ledger maintenance. The auditors commented that these areas of needed improvement are common in towns with small staff. Overall the town is in good fiscal shape.
Guy Whittington, Maine Department of Transportation representative met with town officials on September 14th and will attend the October 18th Council meeting to provide updated information on the bypass project.
The Manager was asked to send out a letter to the School District to notify them about the meeting with Mr. Whittington.
Councilor Upham noted that he would like to receive a work schedule from MDOT regarding the project. Councilor Crane asked if the citizens in the area of the project have been notified with regard to tree removal. The Manager explained DOT representatives went house-to-house and so far, all residents have granted approval for the tree removal and have agreed to accept the wood.
The Central Corridors Committee meeting will be held on October 12th. Representative Susan Austin has offered to invite other legislators to this meeting.
Reports from the Town Manager
Tuesday
September 20, 2005
MDOT and the By-Pass:
As part of the Central Corridor Coalition meeting on Wednesday, September 14, the Rt. 26 By-Pass project was updated by Guy Whittington, project manager. The key points were:
Advertisements for the bidding will be placed by the end of November, 2005
The project is now being bid as one major project and not two separate elements
MDOT expects contract execution in January 2006
The design and package is about 98% complete
Rights of way for the southerly intersectional area are almost complete
Rights of way along the road path are progressing with completion in Oct. 2005
The full construction is expected to take two seasons, 2006 and 2007 with some minor completions slipping into 2008
The MDOT preference will be for bridge construction and Rt. 202 work in 2006
The road work and northerly intersection would take place in 2007
The Gray Water District work is intended to be done at the same time of the road work though the District has an opt out capability if the unit pricing is higher than expected
Long term planning by the MTA continues to review the exit/entrance ramp configurations
MDOT intends on meeting with the Town of Gray in the near future to discuss the issues of signalization along Rt. 202 and its ongoing maintenance and operations
The Park n’ Ride is being relocated to an area across from the intended intersection on Rt. 202 and the By pass
Current plans provide for conduits only in the northerly intersection but no installation of signals at this time
As a result of the presentation the council has requested Mr. Whittington to provide a summary project update at the October 18 Council Meeting and to furnish the project schedule. We have also asked to be included in the signalization meetings involving Rt. 202 and the data supporting the traffic modeling and flows including the turning numbers at all of the intersections based upon a completed project. The next CCC meeting is tentatively scheduled for Oct. 12 in Gray.
Rt. 26 Road Improvements:
Since the beginning of the Rt. 26 By pass project the Town of Gray has reminded the MDOT that the current road construction and surface from the Village north to the new section starting at the Town line was in horrible condition. We were fortunate to have the Commissioner, David Cole see first hand these issues. We have learned that the
MDOT will be improving this section of Rt. 26 slated for the 2007 construction season. In advance of this road work the MDOT has engaged the services of Whitney Tree services to remove specific trees along the road way that interfere with the planned drainage improvements. This work will be commencing within the week.
Additionally, about a year ago the Town and the MDOT outlined a separate drainage project for the immediate area around the Dry Mills Fire Station. That project would help to redirect and control surface water run- off and would be paid 100% by the state. Little did we know at the time that this project would now fit in nicely with the larger Rt. 26 renovation work. The Town will receive a $250 payment for the use of what is already the drainage area adjacent to the Fire Station. The MDOT is in the process of completing the other property rights of ways as well before the work can proceed this fall.
Biennial Training:
Every two years the Town Attorney’s Law firm provides an update on the legislative issues that affect municipalities. The training is scheduled for this Thursday and besides board and committee members who have responded, town councilors will also be present. The topics include new legislation, court cases and right to know updates. This is a training session and not intended to be viewed as an official meeting of any of the town
boards, committees or Council.
Actions and Assignments:
Prioritize the Council’s Work
Work on the CIP-
Rt. 26 By-Pass-Monitor
Council Rule Changes:
Council Finance Committee Duties and Responsibilities
Administrative Code Review
Freedom of Access Law- Email/Internet Policy
Wrap Up the Audit
Town Annual Report to Printer
Section 125 Plan review for Council’s Sept. 26 Workshop
Respectfully Submitted,
Mitchell A. Berkowitz
Town Manager
Fourth Order of Business:
Committee Appointments and Resignations: Interviews: Richard Hall & Joyce Burrow for the committee appointments to the Gray Library Trustees. One seat is for the unexpired term of Darcel DeVou ending June 30, 2007 and the other seat, John Giles is an alternate, with the term ending June 30, 2007.
Appointment of Ms. Jennifer MacEachern to the Charles Barker Scholarship Committee
Not present
Appointment of Mrs. Pamela Wilkinson to the Ordinance Review Committee as an Alternate for the term ending June 30, 2008
Committee Reports
Councilor Crane reported he met with Craig Denekas regarding Pineland Farms interest in taking over Meguire Hill Road. Agritourism work is underway there but Craig noted the farm would not be able to take over two of the properties located there. Mr. Denekas will attend the next ORC meeting to offer his comments.
Councilor Duda reported the Dry Mills Schoolhouse will be open on Saturday, September 25th at 9:00 a.m., Raymond and Casco Historical Societies will be present. The public is invited to attend. The Schoolhouse Committee is working with an engineering firm to determine the structural properties of the building in anticipation of future planning of activities.
Councilor Upham reported he attended the ZBA meeting but was unable to attend the Planning Board’s last meeting.
Council Correspondence
Councilor Duda read a letter she received from Pat Watson dated September 8th regarding the public hearing for a Dog Day Care facility at the last Planning Board meeting. Ms. Watson stated that the public was only allowed three minutes for public comment and she called the Boards attitude dismissive and troublesome. Many of the questions Ms. Watson questioned were not answered and the Board proceeding to grant approval with conditions to the applicant.
Pat explained that the Day Care facility fits the state’s description of a kennel which requires a license, and noted the town has no zoning regulations on its books for boarding kennels.
Councilor Welch asked for a copy of Ms. Watson’s letter and noted he did not read the Planning Board minutes. Councilor Foster said he spoke with Ms. Watson on the telephone about the concerns she raised.
The Town received a letter from Lee Matthew who wrote to say how great his stay in Gray has been over the past 8 months and how friendly a town Gray is. Mr. Matthew complimented the Town’s Library and said all residents should be very proud of their town
Maine Emergency Management Agency’s letter requested an emergency declaration to the Governor of Maine for help in the relocation of Hurricane Katrina victims. MEMA is currently working with the American Red Cross to help assist those impacted by the recent hurricane by offering help to families that wish to relocate here. Nurses, firefighters, Air Guard, Salvation Army and other Maine groups have offered their assistance in the recovery effort.
Phone number for displaced persons: 800-444-4455
Phone number for MEMA: 800-452-8735
Councilor Foster read the following email from Paul Proudian dated September 15th.
Thanks for your reply. Just a few followup questions:
1. If Prata requested the Pennell emails by phone, do you have any idea how she knew about them in the first place? The first email exchange you forwarded to her was from Mr. & Mrs. Hertz. Time stamps indicate that it was sent to you and the other sitting councilors on Sunday, June 26 at 1:57pm. You replied at 2:42pm; and forwarded the entire exchange to Prata at 2:54pm. This means that Prata had to learn about this document and call you to request it within an hour of your receiving it.~Do you think another councilor tipped her off?
2. Your cover note to Prata on the above exchange reads "FYI, it seems that someone? is spreading fear regarding Pennell. This is one of two emails that I have responded to." This FYI gives the impression that you are informing Prata of the existence of these documents. Can you explain why you included this comment on an FOA document?
3. Similarly, on 6/27 you forwarded an email from Mary Bosse to Prata with a cover note that read, "Hi Elizabeth, I have received two new emails today - Mary Bosse and Sarah McCleary. I also received one phone message from Karen Taylor - a very supportive one..." Unlike the Hertz email, the Bosse email was addressed only to you, and your cover note sounds like you're providing the email to Prata on your own initiative. Again, can you explain why you would include such a~comment on an FOA document?~
4.The same questions arising from the Hertz email also apply to all~the other emails in question. If Prata called you to request them, then she had to learn of their existence within hours of you receiving them. Can you explain how? If not, are you concerned that Prata apparently knows who you're getting email from?
5. Does Prata continue to request public documents from you by phone or in person? If so, do you grant these requests?
Answers to all of these questions would be much appreciated, but I would be grateful if you could shed a little light on any of them.
Thanks again,
Paul
Council Business
Councilor Welch commented that he found the town’s website missing documents that should be readily and easily accessible to the public.
Councilor Upham said he spoke with Ms. Watson about the last Planning Board meeting which he was unable to attend. Councilor Upham noted that the Board does a very professional job and stated he regretted he was unable to attend this past meeting. He wondered how Ms. Watson could obtain data within such a short period of time that the Town’s planner could not obtain. Councilor Upham stated that this troubled him and that the staff is an extension of the town.
Councilor Upham suggested the Council conduct an Executive Session to discuss standards for staff performance which would not include the Manager. Mr. Berkowitz read the citation for conducting an Executive Session and added that an evaluation would require the Manager to be present. He offered to supply the Council with a copy of his contract and that portion of the Town Charter pertaining to the Manager. Councilor Upham explained the Council wanted to see the performance standards to address how they are to interface with staff.
The meeting was set for Thursday, September 29th at 6:00 p.m. at Stimson Hall.
Workshop Status- Review of the September 12, 2005 Workshop
Councilor Foster reported the Council discussed the information obtained from Dick Cahill that referenced the Block Grant for the Village Revitalization Plan. Steve LaValley was in attendance and presented his bid recommendations for a front end loader. The council discussed Pineland’s request to close a portion of Meguire road beyond Collyier Brook Bridge to the Merrill Farm. Agritourism was discussed and the council noted they needed more specific definitions regarding the building structure and the space standards and setbacks for the adjacent parcel.
The group went over the Council Rules. A few areas that needed clarification were brought up by Councilor Welch. This will be addressed at the next workshop set for September 26th.
The list of tax acquired properties was reviewed.
Councilor Welch noted he would like to wrap up the discussion regarding the Council Rules at the next Workshop. If the Manager receives any new information on Pennell, that information should be presented at a Council meeting so that the public can attend.
Councilor Upham noted a review of Council priorities will take up a large portion of the Workshop meeting on the 26th and suggested a joint meeting with GPLA and the Library Trustees wait until after the court matter is resolved. The Council agreed to remove item number 2 from the agenda discussion.
The Manager noted the council will be asked to comment on the proposed employee flexible spending account, a memo will be forthcoming.
Next Workshop Agenda- September 26, 2005-
Council to review the Budget Development issues and Guide the Manager:
Target areas of permissible increases
Overall Budget request increase by % or dollar amount
Other Council points regarding the Budget
Review of Council Priorities and allocate time frames for action not agenda
Manager to Provide Update on Pennell Motions before the Court
Council’s thoughts for a joint meeting or letter- focus on the AG
Fifth Order of Business:
Additions to the Agenda
None
Sixth Order of Business:
Public Discussion of Non-Agenda Items.
Mike Salvetti, Mayberry Road commented that he was disturbed by Ms. Watson’s letter and how she was not provided adequate time to present her concerns. Mr. Salvetti asked the council to monitor the Planning Board carefully to insure that this does not happen.
Janet Neal thanked everyone for working so hard, putting in long hours on behalf of the citizens of Gray. Ms. Neal said she hoped that the new Council would work toward determining what is truly Council business from the work associated with the Manager and the Town’s boards. Ms. Neal noted that if the council has too much on their plate, it will divert them from their roles and objectives.
Pam Wilkinson, Birchwood Drive commented that if the Town does discontinue Meguire Road, it should not have to maintain the bridge. She also commented that the website is much improved and finds it to be user friendly. Pam suggested the Council look at the Town of Cumberland’s zoning requirements regarding Dog Day Care facilities because they have incorporated them into their plan.
Pam also brought up the incompatibility of office issue and suggested the Council come up with a set of questions that will be asked in cases where there seems to be conflicts. Planning Board, ORC and other board members should all be asked the same set of questions that are determined by the Council with regard to conflict in serving on town boards.
Seventh Order of Business: ORDERS AND ORDINANCES
Order #18- Review and act upon the appointment of Jennifer MacEachern for the Charles Barker Scholarship for an unlimited term. Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment.
Councilor Upham moved to remove Order 18 from the TABLE.
Councilor Duda seconded.
The vote was unanimous, 5-0.
Councilor Upham moved to TABLE Order 18 to the next Council meeting.
Councilor Welch seconded.
The vote was 4-0-1 (Crane abstained)
The Manager was advised to inform the applicant that she is welcome to attend the next workshop if she is unable to attend the next Council meeting.
Order # 19- [Second Reading] To review and act on the proposed Charter Amendment for the November 2005 Election seeking voter approval to amend the Town Charter to allow the appointment of non-council member(s) to the Council Finance Committee. If the Ballot is approved the effective date of the amendment shall be immediate.
Sponsor- Town Council
Councilor Upham moved to act on the proposed Charter Amendment for a Second Reading that would seek voter approval to amend the Charter to allow the appointment of non-council members to the Council Finance Committee.
Councilor Crane seconded the motion.
Councilor Welch asked if the Council Rules or the Charter would contain the change.
Councilor Foster answered they would be contained in the Council Rules.
There were no public comments.
The order carried 5-0.
This action requires a majority vote after an opportunity for public comment.
Order #21- [Second Reading] To review and act on the proposed Charter Amendment for the November 2005 Election seeking voter approval to amend the Town Charter to allow a change in the date and time of the annual town meeting. If the Ballot is approved the effective date of the amendment shall be immediate.
Councilor Upham moved to act on the proposed Charter Amendment for the November 2005 election that should seek voter approval to amend the Charter to allow a change in the date and time of the annual town meeting.
Councilor Crane seconded.
There were no public comments.
The motion carried 5-0.
Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment.
Order #-25- To review and act upon the appointment of Mr. Richard Barry Hall and Mrs. Joyce Burrow to the Board of Library Trustees. One seat is for the Regular position with a term ending June 30, 2007 and the other seat is an Alternate, ending June 30, 2007.
Sponsor- Town Council
Councilor Duda moved to act on the appointments of Richard Hall and Joyce Burrow to the Board of Library Trustees.
Councilor Upham seconded.
Councilor Duda nominated Joyce Burrow for the regular full time position. Councilor Upham seconded.
Councilor Upham nominated Richard Hall for the alternate position.
Councilor Crane seconded.
Councilor Upham moved to close nominations.
Councilor Crane seconded.
The vote was 5-0. Nominations were closed.
The vote was 5-0 to appoint Ms. Burrow as a regular member and Mr. Hall as an alternate.
Councilor Upham moved to amend Order 25 to note that both terms on the Library Board would terminate in 2007.
Councilor Crane seconded.
There was no public comment.
The amended motion carried unanimously.
This action requires a majority vote after an opportunity for public comment
Order #26- To review and act upon the awarding to the Nortrax Company for the provision of one John Deere front end loader.
Councilor Duda moved to act on awarding Nortrax Company the bid for one John Deere front end loader
Councilor Crane seconded.
Councilor Foster explained bids were received from five firms but only one was a proposal that fit the specifications of the bid proposal. The range of bids was $78,000 to $116,000. Nortrax included $50,000 trade in value on the town’s current loader bringing the bid in at $85,900.
Mike Salvetti asked that the council be aware that bids can be designed to target one vendor or product. The Manager welcomed Mr. Salvetti to review the specifications that were sent out for the front end loader bids. Mr. Berkowitz explained that the balance of the money that was budgeted for the equipment will remain in the reserve (approx. $50,000). Councilor Foster confirmed that the bid was not targeted by a specific manufacturer and that Mr. Salvetti’s concern was previously discussed.
There were no other comments.
The vote was unanimous, 5-0.
Sponsor- Town Manager
This action requires a majority vote after an opportunity for public comment
Order #27- Review and act upon the appointment of Pamela Wilkinson for the Ordinance Review Committee as an Alternate for the term ending June 30, 2008. Sponsor- Town Council
Councilor Upham moved to appoint Pam Wilkinson to the ORC as an alternate member for the term ending June 30, 2008.
Councilor Crane seconded.
Annalisa Shultz a past Planning Board and ORC member praised Ms. Wilkinson and said she highly recommended her serving as she could bring a lot of knowledge to the committee and had a strong concern for the town as a whole.
Councilor Foster noted Pam has a long list of credentials. He noted that the ORC felt ignored by the previous council and they were assured that they would not be by the current council. Councilor Upham said the ORC work very hard and while there has been disagreement in the past, overall he felt Ms. Wilkinson was willing and able to work and commit the time necessary on the board.
There were no other public comments.
The vote was 4-1 (Foster opposed).
This action requires a majority vote after an opportunity for public comment.
Order #28- To review and act on the award of the contract for the provision of winter sand for the operations at the Public Works Department. Sponsor- Town Manager
Councilor Duda moved to award the contract for winter sand for the operations at the Public Works Department.
Councilor Upham seconded.
There was no public comment.
The motion carried unanimously, 5-0.
This action requires a majority vote after an opportunity for public comment.
Order #29- To review and act on authorizing the Town Manager as the official delegate to the Maine Municipal Associations Annual Business Meeting on October 5, 2005 and to vote on any of the business that comes before the group. Sponsor- Town Manager
Councilor Welch moved to act on authorizing the Manager as the official delegate to MMA’s annual business meeting on October 5th and to vote on any business that comes before the group.
Councilor Duda seconded.
Councilor Welch commented that he did not want the Manager to obligate the town to spend money without council approval. The Manager noted that he would vote against or bring matters to the council if they arose.
Councilor Crane said he would attend the October 5th meeting.
There was no public comment.
The vote was 4-0-1 (Crane abstained).
This action requires a majority vote after an opportunity for public comment.
Proclamation #1- To review and act on proclaiming the week of September 17-23, 2005 as Constitution Week. Sponsor- Town Council
Councilor Foster read the proclamation and noted it was wise to take the time to consider the freedoms that we all have and those who were working hard to obtain them.
Councilor Crane moved to act on the proclamation noting the week of September 17-23, 2005 as Constitution Week.
Councilor Upham seconded.
There were no other comments.
The motion carried unanimously, 5-0.
This action requires a majority vote after an opportunity for public comment
Eighth Order of Business:
Council Action Items and Assignments
Councilor Welch reminded everyone that he sent out copies of the Council Rules and administrative code that can be discussed at the next workshop.
Councilor Upham suggested the group be selective in the issues they wish to raise and noted zoning should remain a high priority. He also noted Pennell as a priority and suggested the council keep this high on the list of items that need attention.
The Manager noted a memo from MMA that concerned general assistance and the re-adoption of this ordinance will be on the October 4th agenda.
Ninth Order of Business: Adjournment
The meeting adjourned at 10:04 p.m.
Respectfully submitted,
Janmarie Castagna Bourret
Recording Secretary
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