GRAY TOWN COUNCIL
MEETING MINUTES
October 4, 2005
Present: Councilors Gary Foster, Andy Upham, Denise Duda, Skip Crane, John Welch
Town Manager Mitchell Berkowitz
Others Present and Speaking: Peter Pinkerton, Alan Rich, Jeanne Adams, Peter Martell, Pam Wilkinson, Michael Salvetti,
Chair Foster opened the meeting at 7:00 p.m.
First Order of Business
Public Hearing: None
Presentation: MSAD#15 will present to the Council the information relating to the proposed bond for facility improvements to be on the ballot at the November 2005 elections.
Peter Pinkerton, Chair of the MSAD #15 Upgrade and Renovations Committee presented an overview of the proposed facility improvements that would require a bond and voter approval at the November 2005 elections.
Mr. Pinkerton provided some highlights explaining the bond would address the district’s worn out infrastructure and would provide upgrades to the following schools: GNG High School, Russell, Memorial, and Dunn.
Improvements to the schools electrical systems, HVAC as well as structural improvements that address moisture, roof drainage, windows, walls and masonry repairs. New classroom space would replace the portable classroom at Dunn School with improvements at all facilities that would address American Disabilities Act accessibility requirements.
The bond would address the reconfiguration of learning space at the high school and would improve the science lab. Improvements would be made by expanding the present cafeteria that would serve as an auditorium/cafeteria.
The state is willing to participate and subsidize 40% of the bond at zero percent interest for 10 years. The overall cost for the facilities update is $10,000,000 before the state’s portion is applied. The tax impact based on $100,000 valuation would reflect $67.00 per thousand in fiscal year 2007-2008 with no impact to the 2006-2007 budget.
Alan Rich explained the state’s note is for ten years at no interest with the balance of the project over 20 years to be set at current interest rates. Alan added the district has paid and exceeded the average on its buildings for capital repairs with $1.2 million spent in the past years for maintenance costs. Upgrades and improvements will lessen the overall maintenance costs of the buildings.
Interview: Jeanne Adams for the Community Economic and Development Committee for a three year term, July 1, 2005-June 30, 2008.
Jeanne Adams was introduced. Councilor Crane commented that her experience as a business owner will be an asset to the committee. Ms. Adams said she would like to see the town find a way to help attract more businesses here.
Some of the town’s older homes that are in the town’s center can be improved and would be good locations for low impact businesses to locate. Ms. Adams said the town was in a regulatory quagmire that prevents a business friendly image.
When asked if there were any issues of incompatibility Ms. Adams replied she did not have any.
Interview: Peter Martell for appointment to the Recreation and Conservation Committee for a three year term, July 1, 2005-Jne 30, 2008.
Peter Martell was asked if he saw any potential incompatibility in serving on the Recreation and Conservation Committee. Mr. Martell said he did not see any problems that would prevent him from serving and has been considering serving on his board for some time.
Second Order of Business:
Approval of September 20, 2005 Town Council Minutes
Councilor Crane moved to TABLED approval of the minutes to the next Council meeting.
Councilor Welch seconded.
The motion carried unanimously.
Third Order of Business:
Reports from the Council Chair
See Committee Reports
Reports from the Town Manager
Tuesday
October 4, 2005
Transfer Station Operations and Savings:
When Randy Cookson arranged for the grinding of wood waste rather than having it disposed of in the traditional load and carry off method, he indicated that it would have a savings for the tax payers. Thus far in FT’06 we have had 189.84 tones of wood waste processed on site at a cost of $2,942.52 or about $15.50 per ton. We have been paying $77.00 a ton for the other method of disposal which included $22.00 per ton for transportation and loading time. This new approach yields a savings of $11,675 thus far and if we added the fuel charge savings the total savings is about $12,479.
Also users of the transfer station can do their part to increase savings by separating out all plastics coded 1-7. This increases what we have separated in the past and it will decrease further, our disposal costs.
Congratulations to Randy and his team for their efforts to save the tax payers money.
Annual Audit and Management and Discussion Letter:
The Town has just completed its annual auditing and MD&A letter. We received an unqualified report and that means we are in compliance with the accounting procedures the Auditor uses. We have implemented some of their recommendations and are working on a cash receipt system that will further allow us to comply with their recommendations.
Copies of the full audit and letter are available for inspection at both the Town offices and the Public Library.
Review of the Town’s Emergency Operating Plan:
The Town is in the process of reviewing its Emergency Operating Plan. The initial review started when the Emergency Manager, Gary Wood and Chief Barton met with the Manager and commenced the review of the Plan. By the end of October the preliminary review will involve the Public Safety committee, the staff at Gray Fire and Rescue and Citizens’ Corps. After further input and drafting the Council will receive the amended plan for their review and adoption.
It was felt that the timing was right for such a review and that some of the basic focus points of the plan needed to be updated in light of the major weather events that we have witnessed this fall in other parts of the country. Gray will play an extremely important role should Maine coastal communities require any type of evacuations.
Dry Mills School House-
The Town Manager’s Office received correspondence from the State Historic Preservation Office indicating that efforts were progressing to amend the information and assure the Dry Mills School House was on the State and National Registry. The Town has the right to file any objections to this, if they should decide to do so.
We feel that this is an honor and recognition not only for the School House but for those volunteers who have worked hard to preserve the School House for future generations.
Work Tasks Status Report from the Manager’s Office:
Annual Audit and Management and Discussion Letter- Completed
Annual Report- The Printer is receiving the information for a Nov. 1 completion
Tax commitment, Tax Bills- Completed
Monitor Rt. 26 By-Pass Progress- Constant
Bridge Projects- Hunt’s Davis Bridge- To be completed by Thanksgiving if Council approves both the pre-purchase of the structures and the results of the Contractor Bidding.
Knights Bridge- Expect Bidding to result in a recommendation in early January.
Mayall Bridge- Expect Bidding to result in a recommendation in early January unless this work is placed on hold.
Pennell Legal Case- Expect the Town’s written arguments to be submitted later this month. Judge may allow for oral arguments. Position of Council and supporting documents part of the arguments.
Winter Private Road Plowing Contracts- Completed
New Begin Floor Work- Completed
PWD Loader Purchase- Bid Awarded awaiting delivery.
Stimson Exterior Painting- Awaiting abatement proposal due to lead content
Downtown Planning Grant Scope of Services- Redrafted and will be delivered to the Council for Oct 18 action.
Council Issues and Actions:
Development of Fiscal Policy-Budget Guidelines for FT ‘06
Agritourism Ordinance- redrafted and will appear before the Council on Oct. 18
Rt. 26 By-Pass, Signalization coordination, and project time table- Monitoring and requested of MDOT.
Zoning elements and review- Subject of the Council’s joint meeting on Oct. 10
Council Rules amendments- In progress
Review and decision of Tax acquired properties- in progress-related to some CIP decisions.
Respectfully Submitted,
Mitchell A. Berkowitz
Town Manager
The Manager noted he had received a motorist advisory from the MDOT scheduled for October 8 from 6:00 a.m. to 2:00 p.m. that would involve changing the control box traffic signal in Gray Center. The Council discussed the impact and directed the Manager to insure there would be officers on duty to direct traffic otherwise to have the state reschedule. October 8th is the soccer weekend and 4,000 additional visitors will be coming through Gray for this event.
Councilor Upham asked if the DOT has put together their queuing package in as promised prior to the October 12th meeting. Mr. Berkowitz said that he had not yet received it. The Manager reported that he has not yet heard from the Town Attorney regarding the court date scheduled for the Pennell case.
Fourth Order of Business:
Committee Appointments and Resignations- Discussion regarding the appointment of Jeannie Adams to the Community and Economic Development Committee and Peter Martell to the Recreation and Conservation Committee
The Manager reported Michael Salvetti as applied for a position on the Website Committee, Jennifer MacEachern has withdraw her application and Richard Hall who was appointed as an Alternate to the Library Board of Trustees has withdrawn his appointment from that board.
Chair Foster explained that he voted against the appointment of Pam Wilkinson to the ORC at the September 20th meeting because he felt her vision was not consistent with the goals of that Committee. Councilor Foster added that he respected Ms. Wilkinson and her abilities and congratulated her on her appointment.
Committee Reports
Councilor Welch noted the Cable Committee is planning for the upcoming GBA auction and will be submitting a fee schedule to the Council for adoption.
Councilor Upham invited interested citizens to join the ORC, two alternate positions are open.
Councilor Crane reported Kevin Conger of the State Police attended the last Public Safety Meeting and the committee is looking to have the a representative from the CCSD attend their meetings as well. A subcommittee is working on the house numbering plan for the town and review of the current ordinance is underway to see if house numbering is addressed in the ordinance.
Councilor Crane noted that at the last Greater Portland Council of Governments meeting, the group is working on a nonbinding land use plan that would be used as an informational resource. The plan would require approval to restructure the southern Maine districts. The Manager added GPCOG will not be replacing their cartographer but will continue to provide GIS and other mapping services.
Councilor Foster reported the Council meets on September 22nd with board members for a training session with Jensen Baird Gardner and Henry for the purpose of updating everyone on the state statutes that impact municipalities. Freedom of Access and other legislation were discussed. Other matters that were discussed included code enforcement, planning legislation, public safety and law enforcement. The session was at no cost to the town.
Council Correspondence
None
Council Business
Councilor Foster reported the Council reviewed parliamentary procedures and discussed changes needed for the Council Rules at their last Workshop. A priority list was discussed and Councilor Upham suggested the establishment of a fiscal budget policy. Overall the Council supported such a policy. Budget development was listed as the top priority, with zoning and traffic issues second and third. It was agreed there would be no Super Saturday budget meeting until a policy is drafted.
The chairs of the town’s committees were invited to attend the Council Workshop set for October 10th. Councilor Upham asked that other members be invited to represent the committees if the chair is unable to attend.
October 12th is the date for the next Central Corridors Meeting.
Superintendent Burns has asked the Council to sign the paperwork to have a bond request put on the November ballot. There will be a special Council Meeting conducted after the October 10th Workshop to address her request. After the special meeting, an Executive Session will be held to discuss negotiations regarding the Hancock property.
Councilor Welch reported he and Councilor Crane attended the last CEDC meting and suggested the Council provide an additional charge for that committee that addresses the regulatory quagmire that prohibits businesses from coming to Gray.
Councilor Duda reported the Dry Mills Committee has requested funding from the Town for an engineering inspection of the roof and floor load limits at the Dry Mills Schoolhouse. The estimate is for $600.00. It was noted the committee has funds set aside but the Council Chair said the Council would take their request under advisement.
Workshop Status-
September 26, 2005- Council Priorities
October 10, 2005:
-Joint meeting with the Chairs of the Planning Board, Zoning Board of Appeals and the Ordinance Review committees to review key points regarding the proposed zoning ordinance amendments.
-Commence work on the Budget Preparation and Guidelines for fiscal year 2007.
-Other
Fifth Order of Business:
Additions to the Agenda
None
Sixth Order of Business
Public Discussion of Non-Agenda Items.
Pam Wilkinson, Birchwood Road said she will attend the Workshop and thanked Chair Foster for his phone call after her appointment to that Committee. Ms. Wilkinson said she hoped all citizens who wish to participate on town boards will be welcomed to serve regardless of their differing opinions. A broad spectrum of ideas is always encouraged.
Ms. Wilkinson cited Section 602.23 and explained before a vote, council members who wish to vote to oppose should state their reasons why prior to the official vote.
Ms. Wilkinson asked for the minutes of the past meeting and raised her concern that the precise nature of the business for the Executive Session was not explained. Chair Foster explained the session was for the purpose of discussing the duties of the manager and improvements to the working relationship between the manager, office staff and council.
If charges were to be discussed or brought forward, the Manager would have been invited to attend. There were no complaints or investigations that were addressed. Ms. Wilkinson noted MRSA title sections that states discussion of employment require those involved to be in attendance. Councilor Upham added it was the Councils intention to hold a global discussion about the entire organization and the citation noted that. Pam added that all Executive Sessions should be treated the same and the council is supposed to provide the citation and the specific nature when conducting these sessions. Councilor Duda added that the Council does not wish to conduct Executive Sessions routinely and tries to keep the public involved whenever possible.
There were no other comments.
Seventh Order of Business: ORDERS AND ORDINANCES
Order # 31 - Review and act upon the appointment of Ms. Jeanne Adams to the Community Economic Development Committee for the term July 1, 2005-June 30, 2008.
Sponsor- Town Council
Councilor Crane moved to act on the appointment of Jeanne Adams to the CEDC for the term July 1, 2005 – June 30, 2008.
Councilor Duda seconded.
There were no comments from the public or Council discussion.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment.
Order # 32- To review and act on the appointment of Mr. Peter Martell to the Recreation and Conservation Committee for the term July 1, 2005-June 30, 2008. Sponsor- Town Council
Councilor Duda move to act on the appointment of Peter Martell to the Recreation and Conservation Committee for the term July 1, 2005 – June 30, 2008.
Councilor Welch seconded.
There were no comments from the public or Council discussion.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment.
Order # 33- To review and act on authorizing the Town Manager to purchase the necessary plated aluminum arch system as part of the repairs to the Hunt’s-Davis bridge.
Sponsor- Town Manager
Councilor Duda move to authorize the Manager to purchase plated aluminum arch system as part of the repairs to the Hunt’s Davis’ Bridge.
Councilor Upham seconded.
Mr. Berkowitz explained he received information early today from Gorrill Palmer Engineers that requires a 5 ft. piping system be included with the bridge repairs. Approval would allow the Manager to purchase the piping and an additional purchase order of 60 ft. of pipe. Prior to these additional purchases which totals: $4,656.00; the amount of the project was $14,550.00. Estimates for the labor portion of the project have not been received but money has been allocated for the project. The project is to be completed by Thanksgiving of this year.
The Manager added that the slip line will reduce water capacity and the funds for the three bridge repairs were approved at Town Meeting included in this year’s budget.
Chair Foster asked if the Public Works Department could work on the placing of the pipe. The Manager explained that it would be unsafe to have two crews working at the same location and the PWD are currently hauling sand.
There was no other public comment.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment.
Ordinance # 34-[First Reading] to review and act on the adoption of the “General Assistance Ordinance and Appendixes A, B and C for General Assistance. Sponsor-Town Manager.
Councilor Duda moved to act on the adoption of the General Assistance Ordinance and Appendixes A, B and C for General Assistance.
Councilor Upham seconded.
It was explained that the adoption is mandated by the State and is required of municipalities with a 50% reimbursement. The state’s model ordinance recommends a new model and updates be adopted and requires local ordinances to make that adoption. A second reading will be held on October 18th.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment.
Order #35: To review and act on authorizing the Manager and CEO to enter into a consent agreement with Fortin Construction Company to mitigate the violation of constructing a house on a lot off Aurora Drive.
Councilor Welch moved to act authorizing the Manager and CEO to enter into a consent agreement with Fortin Construction.
Councilor Duda seconded.
The Chair explained he had spoken with John Palmiter regarding this issue previously. The Manager noted all parties apologize to the Council for a problem that started back in 1999 requiring resolution. The original plan dating back to June 10, 1999 was for approval of an 8 lot subdivision. The Planning Board at that time approved a 2 lot development for Bonnie Palmiter and no development of Lot C which was gifted to Jared Palmiter. At the time of the sale to Fortin Construction, Jared Palmiter owned the property. Fortin built a home on the property which required a recent ZBA variance due to a setback issue. Very recently, the title company recognized a note that was placed on the plan that blemished the title. The Dorval family is in the process of moving into the home which is pending. The parties have met and Mr. Palmiter will pay for
any legal fees associated with the consent agreement which if approved would allow the process to be resolved. The CEO would be able to issue a certificate of occupancy to the Dorval’s with the $2,000 penalty paid by Mr. Palmiter. Mr. Berkowitz explained the Planning Board’s action with regard to the gifted property (Lot C) could be viewed to extend beyond the scope of the two lot subdivision. The town’s attorney has created the agreement which would clear title. The other option is to proceed to court. The Town would be a party to any civil action.
The Manager added that the Planning Board did not say the lot could not be built on but that it could not be divided. There was nothing in evidence as to why the property could not be divided. A walkthrough was done by the Board but no other comments were noted.
Dan Fortin explained a title search was done but the note on the plan was not found until recently.
Bob Avaunt, the attorney representing Mr. Palmiter explained there was no record showing Bonnie Palmiter as the applicant. Jared Palmiter’s deed was recorded five months earlier.
Paul White, CEO added the note was added by the Planning Board and it could be debated as to whether John and Bonnie as applicants had an interest through their son. Mr. and Mrs. Palmiter eventually did take the property back from Jared. Mr. White contended that if the Palmiter’s did not want the note on the plan they should have returned to the town to have it removed. Mr. Palmiter was aware of the note when he sold the property to Fortin Construction.
Mr. White stated this type of land development has to stop and the Planning Board needs to consider how these notes affect the plans. Paul added the $10,000 fine has been dropped with Mr. Palmiter paying for legal fees.
Councilor Upham said he was uncomfortable proceeding and would like to hear from the Planning Board regarding note 4 which states no further subdivision of this lot due to wetlands.
Mark Dorval asked the Council for immediate consideration. His family is currently sleeping on air mattresses awaiting the outcome. Personal items are in storage. Movers have had to be paid twice. Variance issues and other expenses have forced Mr. Dorval to drop his masters’ class. Mark explained his family’s dream house has turned into a nightmare of which they are innocent parties.
Bob Avaunt added that the Council can not justify what was restricted to the applicant who was not a party involved – Jared Palmiter was not an involved party.
Chair Foster asked if the Council wanted to recess so the Planning Board members could be contacted. Councilor Welch and Councilor Upham supported a recess. Councilor Duda said the town would have to deal with this one way or another and was comfortable with the attorneys’ recommendation and opposed a recess. Councilor Crane agreed he would like to see the matter resolved this evening. Councilor Foster said he could understand what the Dorvals have gone through and did not want to see these types of issues brought to the Council on short notice and with little information in the future. He withdrew his suggestion to recess.
Pam Wilkinson stated the Council was making the right move and she supported it. Michael Salvetti reminded the Council to monitor the Planning Board more closely as they have tremendous power over peoples lives; deliberate or not. Mr. Salvetti noted that it appeared to him that the Planning Board went outside law with regard to this case. He reminded the Council about a recent letter written by Pat Watson who warned about the power of the Planning Board.
There were no other comments.
The vote was 4-1 (Upham opposed).
Eighth Order of Business
Council Action Items and Assignments
Councilor Welch asked the Chair to write a letter to the CEDC asking them to help reduce the regulatory quagmire surrounding business development and to have them evaluate and streamline the process.
Councilor Upham reminded the Manager to respond to Craig Denekas’ email regarding the take over of Meguire Road. It was reiterated that the Council supports Pineland taking over the entire road and not just a portion of it.
Ninth Order of Business: Adjournment
The meeting adjourned at 9:40 p.m.
Respectfully submitted,
Janmarie Castagna Bourret
Recording Secretary
| 
