Town Council
Meeting Minutes
October 18, 2005
Present: Town Councilor Gary Foster, Andy Upham, Skip Crane, Denise Duda and John Welch
Town Manager Mitchell Berkowitz
Others Present and Speaking: Guy Whittington, MDOT, Rachelle Blais
6:00 p.m. – Executive Session
Per 1 M.R.S.A. §405.6-C: Discussion or consideration of the…acquisition of real property only if premature disclosures of the information would prejudice the competitive or bargaining position of the body or agency. Specifically to review the costs associated with the acquisition of the Libby Hill property owned by Hancock Land Company.
7:00 p.m. – Regular Council Meeting
Chair Foster called the meeting to order at 7:00 p.m.
First Order of Business
Public Hearing: To take public comments, both written and oral, on the adoption of the new model ordinance and appendixes for the implementation of General Assistance in the Town of Gray.
There were no comments from the public.
The Public Hearing was closed.
Public Hearing: To receive public comment on the liquor license renewal for Jess N’ Nic’s Pizza and Sandwich Shop at Gray Plaza, Route 100, Gray.
There were no comments from the public.
The Public Hearing was closed.
Presentation by the Maine Department of Transportation on the By Pass Project.
Mr. Whittington was introduced and thanked by the Chair for providing an update on the by pass project.
The current status puts the project in the final stages of design with agreements near formalization with the Gray Water District. The DOT is currently working on the Agreement for maintenance of the traffic signalization to be presented to the Town of Gray. The Department is in hopes to have the entire package ready over the next month with advertisement of the contract to begin in November. After the bids are received, the contract will be awarded in January 2006.
Final contracts (project rights of ways) with affected landowners will be completed over the next three to four weeks. If contracts take longer than projected, they will not hinder the project. A few appraisals are still being completed for some properties located on Route 202. Appraisals on Route 26 are complete. Councilor Upham asked if there would be any obstacles to preventing the bids from being award in mid January. Mr. Whittington said the bid award would not be delayed.
Councilor Foster attended last weeks Central Corridors Meeting where Mr. Whittington was in attendance. Traffic queing models were discussed at that meeting which included projections. Mr. Whittington explained that ½ of Route 26 northbound will be utilizing the connector road. The remaining traffic will be traveling north through the village center. Chair Foster asked if there were plans for a future southerly connector based on the models. Guy said that the models do not show the need for the southerly connector but the issue can always be readdressed if the current projected traffic patters differ from what is anticipated.
Councilor Crane asked if another traffic update would be done after the bypass is complete and if a traffic turning signal could installed later on if found to be necessary. Mr. Whittington said that the models show that a signal will not be needed for the next 10 year period. Councilor Duda asked how long it would be before a traffic signal would be installed if it were found to be necessary. Guy explained that traffic counts indicate there may be a need 10 to 15 years in the future but if the data changes it could be anywhere from one to three years before a signal is installed.
There were no comments from the public.
Interview Mrs. Rachelle E. Blais for the Dry Mills Schoolhouse Committee.
Ms. Blais was introduced and said she was happy to be working on the committee as a team player.
Second Order of Business:
Approval of the September 20, 2005 Town Council Minutes
Councilor Upham moved to remove the minutes of September 20th from the TABLE.
Councilor Crane seconded.
The motion carried unanimously.
Councilor Duda moved to approve the minutes of September 20, 2005 as presented.
Councilor Crane seconded.
There were no corrections or comments from the public.
The motion carried 5-0.
Approval of October 4, 2005 Town Council Minutes
Corrections:
Page 4: Councilor Upham invited interested citizens to join the ORC, ZBA two alternate positions are open.
Page 4: The Manager reported Michael Salvetti as has applied for a position on the Website Committee,
Page 5: Councilor Foster reported the Council meets met 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.
Page 9: Councilor Welch and Councilor Upham Foster supported a recess. Councilor Upham did not.
Councilor Duda moved to approve the minutes of October 4, 2005 as amended.
Councilor Upham seconded.
The vote was 5-0.
Third Order of Business:
Reports from the Council Chair
The anonymous donor who offered a challenge grant for the library expansion has withdrawn the offer. Bids for the Hunts Hill Road Bridge have been received but due to the late timing, the Council has decided not to include the order to award the bid on tonight’s agenda. More time is needed for review.
At the last Joint Leaders meeting, information was received from SAD Finance Director Towle regarding the projected property tax impact for Gray residents if the bond passes:
FY 2006-07: $33.00/$100,000 home or $ 66.00/$200,000
FY 2007-08: $63.00/$100,000 home or $126.00/$200,000
FY 2008-09: $61.00/$100,000 home or $122.00/$200,000
FY 2009-10: $59.00/$100,000 home or $118.00/$200,000
FY 2010-11: $57.00/$100,000 home or $114.00/$200,000
FY 2011-12: $55.00/$100,000 home or $110.00/$200,000
Reports from the Town Manager
Tuesday
October 18, 2005
Maine Municipal Association Convention Highlights:
MMA held its 69th Annual Convention from October 5-October 7. The theme this year was Back to Basics…Efficient Services and Economic Vitality. The highlights of the programs were almost the book ends to the convention. Jack Shultz spoke at the Wednesday luncheon about small town successes in economic vitality. His book Boomtown USA speaks of the 7 ½ Keys to big success in small towns. I have ordered the book to further review and share with the Council and CEDC. Overall, small towns too can enjoy long term prosperity with carefully planned and executable steps. As I listened, I used the steps to inventory Gray.
The second highlight was on Friday. Commissioner of Education, Susan Gendron spoke of the future needs of the work force and what we must do in today’s core curriculum to prepare students. She talked of the demographic changes and emerging industries which we must prepare for through thoughtful collaboration and partnerships between and among municipal, state and private resources. The two areas that we are to continue to focus on, Math and Science, are the very skill points that China has targeted with their goal of every high school graduate learning calculus and being prepared for post secondary education to continue their life long training.
The balance of the Friday session covered the Essential Programs and Services model as a result of the tax reform bill. Again, this was to assure that the participants had a grasp of a very complex two part approach. The first was how EPS works and is to be used as a benchmark for equalizing expenditures. The second was how the State is currently funding the EPS model. I have asked the MSAD #15 to provide the Council with the ED281 form which they had to file with the Department of Education and it sets forth the benchmarking for our District. While this is more than a simple form, it might also be an excellent opportunity for the Council and the Directors of MSAD #15 to meet in more than one joint session to review the comments of the Commissioner as well as receive further insight to the EPS model.
Additional sessions attended include the Internal Controls and Cash Handling, Performance evaluations, Developing Sound Financial Policies, State of the State’s Finances and LDI Spending Limitations. There were some technical classes on the use of the computer software that is on our desk tops such as power point and outlook. I was able to obtain a copy of the handout to the cancelled program Persuading and Influencing through Leadership and will review the evaluative system it employs. I was able to join Councilor Skip Crane who also attended some of the sessions on Thursday.
Many of these topics will be the subject of future Staff meetings as well as aspects that might improve both policy development, internal procedures and committee work.
As an aside, one session conducted by Commissioner Wyke, Maine Department of Administrative and Financial Services, conducted a review of the State’s finances indicating the State had moved to aggregate all of their heating fuel purchases and locked in at a substantial savings based upon their projections for next winter. Their lock in price was $2.189 or about $.47 more than what we have pre-purchased our fuel oil, or $1.719 per gallon.
Mayor Barry Timson of the City of Hallowell spoke about their Council’s monthly meeting and provided some insight as to making their meetings more efficient and productive. Copies of this handout will be given to the Council. Hallowell is a city of #2,500 people and meet only one time per month. While there are differences between our Town Charter and their city charter, we might be able to work better together to achieve the level of productivity he refers to.
State of the State Finances:
I will distribute to each Council member, the media and the MSAD#15 a copy of the pie chart Commissioner Wyke provided participants. It breaks out the FY 06-07 expenditures and the categories that make up the $5,686,800,000 budget for the State.
Some of the key points she raised were:
>>The “structural gap” is the difference between the Revenues and State Expenditures after inflation adjustments.
>>Education and Human Services are the lion share of expenditures with $2.660 B for Education and $1.857 B for Health and Human Services. These represent some 79.5% of the total expenditures.
>>The remaining $1.162 B covers all other departments including Legislative Expenses.
>>Generally 84% of the $5.7 B is pass thru to other entities like county and local governments (46%) and MSAD’s.
>>About 12% can be controlled by the legislature for state government.
>>Maine is quickly shifting from a manufacturing dominance to a services dominance and the tax structure does not reflect this.
>>Best investments of the State is in higher education to reshape the future workforce but there is no real money for that.
>>Economic Development resources are limited. Pine Tree zones target employment categories but that’s not enough. State will eventually eliminate the BETR tax payments.
>>Medicaid and Medicare reimbursements are still back logged. Estimates are up to a year before prior back log is resolved. However, current reimbursements 87% of all applications are being processed timely.
>>Back log of about 12 weeks is expected for heating and energy cost reimbursements under the State Heating Assistance Program for this winter. Will impact small oil dealers and distributers….More reliance on General Assistance.
>>The North East Grid is dependent upon natural gas which will spike this winter. This is expected to cause further electrical adjustments and higher costs for consumers.
The Bottom Line as I understand it:
>>Maine faces a major shift from manufacturing to service dominated employment.
>>Long term education must prepare today’s students for new and emerging technologies and employment such as Biotech and Communications industries Improved business skills for the trades must continue such as electricians, plumbing, construction and the like.
>>The current tax structure of the state is not keeping pace with the changes in the industries but rather based upon an old manufacturing model.
>>Short term fiscal challenges will slow the state’s progress in meeting the new challenges….and opportunities will be missed.
>>Continued reaction to poor legislative policy and decision making in Augusta will split the state politically just about in half; a poor environment for the changes and leadership needed.
>>Maine will continue to have a larger graying population and the disparity between the economically capable and incapable will grow larger.
Much of the above mirrors what the Town of Gray faces in the future.
Thank you for the opportunity to attend the Convention on behalf of the Town of Gray.
Respectfully Submitted,
Mitchell A. Berkowitz
Town Manager
Fourth Order of Business:
Committee Appointments and Resignations
Appointment of Rachelle Blais to the Dry Mills Schoolhouse Committee
Committee Reports
Councilor Duda reported that Louise Knapp and others have been helping out with the cleaning and storage of books at the Dry Mills Schoolhouse. The Schoolhouse closed on October 1st for the winter season. The Committee is looking at extending their hours and may be open on Saturdays and Sundays. If anyone is interested in serving on the Committee; there are openings.
The Library Trustees have been working on a facility report which will be presented to the Council at the October 24th Council Meeting. The group is documenting space needs. Story hour has been expanded to three times per week. Circulation at the library this year is 6,583. Last year circulation reached 5,000.
Councilor Upham reported the Planning Board discussed Pat Watson’s letter regarding the recent Doggie Daycare on Route 100 South. The Board did confirm that a dog kennel license was required of the applicant. The CEO has been informed that in order for the applicants to obtain a certificate of occupancy, a kennel operator license must be presented.
Council Correspondence
Councilor Duda read a letter from Peter Gerardo, a member of the Library Board of Trustees.
To: Town Council,
As individuals we applaud your efforts to keep the budget as low as possible so that our tax rate is kept as low as feasible. However there are factors that must be included when calculating the cost of providing services to the taxpayer that often prevent flat line or reduced budgets.
One item is the fact that Gray is a growing community, necessitating that the budget continue to grow, providing adequately for our growing population. The consensus is that the current population is currently 7,500. That is an increase of roughly 10% of our population from the 2000 U.S. Census figure. Increased population translates into bigger budgets. It increases the need for highway maintenance, safety, parks and recreation, the library and all the other factors involved in budgeting for the next year.
As trustees of the library it is our job to make sure that our library is meeting the needs of our population. Our current library director and her predecessor have worked hard to provide the needs of our growing population, but it is difficult to do with a flat line or reduced budget. All costs for the library continue to rise. For instance, book prices will increase 4% this year. The price for everything is going to rise driven by the cost of energy. Therefore unless the budget increases this year we will be going backwards.
Historically in economic hard times the use of the library increases because people don’t have the disposable income they have in times when the economy is thriving. This has been documented since libraries came into existence.
The library needs to expand our service for our current population and provide for the needs for future population growth. The Gray Comprehensive Plan projects our population will grow over the next few years to over 10,000. Our current library needs to expand its physical space, programs, and collection, not stay at our current level. The state standards of the year 2000 are currently being updated. However our library does not quite meet even those standards for collection and staffing now. We are very close, but we will be further behind when the standards are updated. We should have 21 parking spaces for the current space we have. We have 18. Our current space of 4800 square is more than half smaller
than it should be. Figures to document these items and other data will be provided to the council in the presentations of the budget or the expansion needs case.
Please be careful in considering the budget. Cutting or not increasing the libraries budget will have long term negative effects that will take years to overcome. The library is less than 4% of the town’s budget and~it would be a shame to~damage something that has taken so long to build into something to we can be proud of. We are getting the best value for our dollar that we spend on the library. Not meeting the standards the library tries to maintain, or strives for, will only become more expensive in the future. Playing catch up is always more expensive than maintaining.
On behalf of the trustees, respectfully,
Peter Gerardo
Councilor Foster read the following letter from Nancy Bennett:
Dear Council Members:
Please don’t make a wrong decision about the fate of Pennell Institute---like Portland did with letting the Union Station get demolished and look what is there now!!
There are many, many people wanting to use Pennell as a library—surely all the legal issues with the “trust” and etc. can be worked out.
I grew up in Gray and have a great love for Gray and the State of Maine and think people should do their utmost to preserve their historical buildings (which are their heritage) for future generations.
PLEASE REFLECT ON YOUR DECISION AND LET PENNELL INSTITUTE BECOME THE HOME OF THE TOWN LIBRARY
Sincerely yours,
Nancy J. Bennett
Councilor Foster said he received a letter from the Town Attorney verifying that the Pennell case has been reopened with none of the parties filing an opposition. No hearing date has been set and updates will be provided.
Council Business
Workshop Status-
On October 10th the Council met with members of the Planning Board, Ordinance Review and Zoning Board Committees to obtain their input with regard to the proposed zoning changes. It was determined the ORC will review and send recommendations for Order #99 which has is currently tabled. The committee noted the uses in some of the zones could be simplified and agreed to work with the CEO on the modifications.
The Council talked about creating a fiscal policy that can be used in budget development. The Manager was directed to notify the department heads the Council is requested a zero based budget with justifications for any increases.
The SAD#15 warrant for the proposed bond initiative was signed.
An Executive Session concerning Hancock Lumber and the acquisition of Libby Hill property was conducted.
At the October 24th Meeting:
>>A group picture will be taken at 5:30 p.m.
>>A Presentation by the Library Trustees
>>Review of the Capital Improvements Plan
>>Discussion of potential uses of the Old Post Office building
Councilor Welch asked if the Council was going to discuss the application that was made by a citizen to work on the Website Committee. Councilor Duda said she would like the item added to next Council agenda for discussion. Councilor Crane and Councilor Foster both agreed they would like to see someone serve on the committee that has been inactive for some time.
Councilor Upham said he was opposed to having a committee with only one member on it and did not having any ill feelings towards the applicant whatsoever. Councilor Upham said he did not see why the manager could not have staff continue to work and update it. Councilor Welch explained that the point of the website is to provide accurate and complete information and having a committee provides a fresh look while providing the time needed to insure the information is current and easy to access. Councilor Foster suggested the charge be drafted and brought to the next workshop. Councilor Duda said she would look at the old charge and make some recommendations.
This item was added to the agenda for the meeting on October 24th.
The Council agreed there would not be a workshop on October 31st.
Cancelled
CIP Plan Review
Councilor Upham distributed copies of the draft fiscal policy for the budget. He briefly went over page one which provided an overview of the policy.
The Town of Gray shall develop and maintain through the office of the Town Manager and the Town Council a financially prudent effective, efficient and desired level of services to the citizens of Gray. The Town of Gray shall develop and maintain through the office of the Town Manager and the Town Council, performance management program incorporating such tools and metrics to clearly and succinctly demonstrate to the citizens of Gray that their tax dollars are allocated, managed and deployed wisely.
Councilor Upham added the Councils plan to start with a zero based budget based on how departments each provide services and if those services are efficient. Then a determination of what the value is for the Town can be assessed and the budget addressed.
Councilor Duda explained Peter Gerardo’s letter was based on a discussion that the Library’s budget would be decreased 30%. Councilor Duda said she would like to see a written charge given to each department head. The Manager said he met with the Library staff this morning and there was no mention of any percentages with regard to the budget.
Councilor Upham went over the sections in the policy draft briefly and to come back to the next workshop with their ideas on how to refine it.
At some point the policy could then be incorporated into the Town Charter.
Councilor Foster suggested he drafts a summary for the Charter Amendment relating to the date and time change of the town meetings and another for the charge regarding the make up of the Finance Committee. Councilor Upham said he would be happy to put together the draft for the time and date change. The Manager reminded the Council that he needed to have the information by the 25th in order to meet the advertising deadline for the November vote.
Councilor Foster reported the Council held an Executive Session without the Manager to discuss working relationship matters. Another Executive Session has been scheduled to discuss expectations of the Manager on November 7th at 6 p.m., with a workshop to immediately follow. Mr. Berkowitz asked if a copy of the citation could be provided. Chair Foster indicated he would provide the necessary citation for the public notice.
Councilor Foster said that while the bid for the Hunts Hill Bridge repair did come in, he decided that more information and time for review were needed before it could be discussed. Councilor Crane asked for a copy of the original proposal made by the engineering company so that a fair comparison could be made. Councilor Upham said he had a copy of the original report ( July 2004) and would provide copies to the Council. He also asked the Manager to have the engineer present at the next Council meeting. The Manager explained that the bridge deteriorated further than expected and a new arch and culvert are needed. The low bidder is ready to begin work on November 1s. With a later start they would complete the work this fall but would likely use a gravel surface for travel if they cannot complete the work before the asphalt
plants shut down for the winter.. Councilor Upham asked the Manager to provide the design detail for the proposed arch and if the work to be done was a temporary repair. The Manager indicated that this work was a permanent repair with the same 35+ year life expectancy. The detail of the proposed aluminum plated arch was included in the package of information the Council received this evening.
Fifth Order of Business:
Additions to the Agenda
None
Sixth Order of Business
Public Discussion of Non-Agenda Items.
None
Seventh Order of Business: ORDERS AND ORDINANCES
Ordinance # 34-[Second 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 for a Second Reading.
Councilor Upham seconded.
Chair Foster noted this adoption is mandated by the State of Maine.
Councilor Crane noted that some towns do not have to approve the ordinance and wondered if it had to do with the Town’s Charter. The Manager explained that the Town is being asked to adopt the newer model ordinance that updates the previous one MMA passed many years ago.
The Manager said that not approving it would cause the town to be out of compliance with the state law and like the Shoreland zoning ordinance, towns are to adopt them to meet state requirements. Councilor Welch asked that the ordinance be made available on the website.
There were no comments from the public.
The vote was unanimous, 5-0.
This action requires a majority vote after an opportunity for public comment.
Order #36 – To review and act on the application by Jess N’ Nic’s Pizza & Sandwich Shop to renew its liquor license. Sponsor- Town Council
Councilor Upham moved to approve the renewal liquor license for Jess N’ Nic’s Pizza & Sandwich Shop.
Councilor Crane seconded.
The Manager reported all inspections are complete.
There were no comments from the public.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment
Order #37 – To review and act upon the appointment of Rachelle E. Blais for the Dry Mills Schoolhouse Committee for the term ending June 30, 2007. Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment.
Councilor Upham moved to appoint Rachelle Blais to the Dry Mills Schoolhouse Committee for the term ending June 30, 2007.
Councilor Duda seconded. There were no other comments.
The vote was unanimous.
Chair Foster thanked Ms. Blais for serving.
Eighth Order of Business
Council Action Items and Assignments
>>Charter change for date and time of annual Town Meeting
>>Finance Committee change
>>Read Fiscal Policy draft
>>Website Committee charge
>>Proposed Bridge design for Hunts Hill Bridge
Councilor Duda asked the Manager to provide copies of the charge for the budget to Town department heads with a copy provided to each Council member.
Ninth Order of Business: Adjournment
The meeting adjourned at 9:12 p.m.
Respectfully submitted,
Janmarie Castagna Bourret
Recording Secretary
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