Town Council
Meeting Minutes
November 1, 2005
Present: Town Councilors Gary Foster, Andy Upham, Skip Crane, Denise Duda and John Welch
Town Manager Mitchell Berkowitz
Others Present and Speaking: Steve LaVallee, Richard Cahill, Al Palmer and Leo Credit
First Order of Business
Public Hearing: None
Presentation: None
Second Order of Business:
Approval of October 10, 2005 Council Workshop Minutes
No action taken.
Chair Foster announced Jan Bourret would be recording the Workshop meeting minutes.
Approval of October 18, 2005 Town Council Minutes
Corrections:
Page 6: September’s C circulation at the library this year is was 6,583. Last September’s year circulation reached 5,000.
Councilor Duda moved to approve the minutes as amended.
Councilor Upham seconded.
There were no other corrections or public comment.
The motion was 4-1 (Welch opposed)
Third Order of Business:
Reports from the Council Chair
Chair Foster provided a brief report.
· The Council Rules may be amended by the voters on November 8th.
Public notice will be provided seven days in advance.
· Volunteer Recognition Night will be held on November 18th at Spring Meadows.
· The Manager and Chair met with Marcel Moreau with MDOT concerning the taking of public land involved with the bypass project.
Reports from the Town Manager
Tuesday, November 1, 2005
Elections Reminder:
The Town will have the Elections on Tuesday, November 8, 2005 from 6AM to 8PM at Newbegin Center. Voters may continue to vote thru absentee ballot as well as in person. New voters may register through the Town Offices during the regular hours. There will be three different ballots for this election. The first is the School Bond issue, the second is the State bond issues and the third will be the Charter amendments proposed by the Council. As always we encourage all who can vote to do so.
Website Changes:
Since the last Council meeting, Elizabeth Bullen has worked on several areas of the website to further improve its accuracy and ease of use. These include the Alphabetization of the Town Services index, same for the Codes and Ordinances, Policies and Procedures and the applications and forms section. We have uploaded the General Assistance Ordinance which appears under Codes and Ordinances. Additionally the Stimson Hall Rental Policy and guidelines are on the site under Policies and Procedures and we have added 8 different forms and applications that allow a person to complete these in their home before visiting the Planning and Zoning Office.
Over the next two weeks we expect to have the Recreation Department page up with ongoing timely information for the public and participants. We will continue to review the suggestions that have come forth to make further improvements to the Town site.
Universal Waste meeting at RWS:
We have been invited to attend a special meeting regarding Universal Waste at the RWS facilities this Thursday at 4PM. Universal waste includes tv sets, Computer monitors as well as switches in many appliance. All of these contain mercury and it continues to be of concern to the State and its impacts to the environment.
Veterans Day:
The Town offices will be closed on Friday, November 11 in honor of Veterans. Our Thursday evening office hours go to 6:30 PM to assist our citizens, especially for a long weekend.
Noteworthy:
Rosa Parks was a courageous person who demonstrated a quiet strength admirable to all. Her passing marks the continuation of our nation as a society seeking tolerance, equal opportunities and commitment. As our nation faces new challenges we can only hope that courageous people will continue their convictions with such profound outcomes.
Respectfully Submitted,
Mitchell A. Berkowitz
Town Manager
Fourth Order of Business:
Committee Appointments and Resignations
None
Committee Reports
Councilor Crane reported at last Tuesday’s Public Safety meeting, the committee discussed the house numbering ordinance. He noted two of the copies he received regarding the ordinance were not correct.
The Dry Hydrant Committee needs certification. They have the supplies needed to install more dry hydrants.
Council Correspondence
Councilor Foster read the email correspondence he received from Ron Lydick, owner of the McDonald’s Restaurant in Gray.
It is my understanding that a decision to conduct a study of the downtown is on this evenings agenda. A scheduling conflict has prevented me from attending the meeting and expressing my opinion. It is my desire that you will accept this email and consider it as you make your decision.
I own the McDonald’s Restaurant in town and firmly believe that a study is needed in order to gather information needed to make future decisions. I believe that the information gathered will only help you and others to make more informed decisions. The more information gathered, the better the decision that will be made. I would urge you to conduct this study for the future of my business, other businesses downtown, and the future of the town.
I would also offer to serve on any committee that is formed to look at the downtown. I have a great deal of interest in what happens to this are and would appreciate the opportunity to provide input. Thank you very much for your time and consideration of this matter.
Sincerely Ron Lydick
RC Management
Council Business -
Review of the MDOT’s acquisition of a strip of town land for the By-pass, near the Public Safety Building
Councilor Foster noted the Council will be acting on the acquisition of the land near the Public Safety building and the Steven’s property this evening.
Councilor Crane asked to add the Website Committee to tonight’s agenda.
Councilor Crane distributed a charge for the Committee. Handouts were provided.
Section 602052 Town Website Committee
A Establishment
There shall be a Website committee consisting of up to five (5) members appointed by the Town Council each serving staggered terms.
B. Duties
1. The committee shall review advise, and recommend to the town council improvements in content, software, and hardware necessary to maintain the Town of Gray’s website.
2. The committee shall review content for accuracy of information, availability of documents, and content of documents made available on the website.
3. The committee shall develop a long range plan to provide a virtual Town Office on line
Commentary: the goal of providing as much information possible will reduce the need for citizens to physically go to the town office to obtain information and ultimately reduce the need for increased space. This will also benefit many who must visit our offices for public information (real estate agents, contractors, vendors, etc.) Technology exists that allows fees to be paid for information when necessary.
The Council noted a discussion of the former Post Office building and the Capital Improvement Plan could be added to the next agenda.
Workshop Status- October 24, 2005 Workshop Summary
Preceding the Workshop a photograph was taken of the current sitting Council by Nathan Tsukroff. Nathan was thanked for generously providing his services to the town at no charge.
Priscilla Payne gave a presentation on the library’s space options.
Agritourism was discussed with Paul Pietropauli with minor changes sent to the ORC for review later this week.
The Council received a CIP draft and will be reviewing it further.
The Council discussed the Website Committee and the issue of the future use of the former Post Office building.
Executive Session- 6:00 PM-November 7, 2005
Workshop-11/7 Capital Investment Plan review continued from 10/24
Review of draft changes to the Council Rules
Agenda for the 11/21 workshop
Other
Councilor Crane commented that he would like the projects ranked in order of importance with regard to the CIP plan and to incorporate the ranking into the wording. He also asked that projects that require purchases, be noted with no wish lists. The maximum length of debt also needs to be added, as does a periodic review of the town’s financial tools including institutions the town is currently using.
Councilor Upham added that bridge work would be ranked of high importance because it involves safety. He offered to write a model that can be used to determine finance impacts that can be used in the budget process. Councilor Upham referred to the cash management section on page 3 and suggested the town become more proactive in how it manages cash.
He said he planned to discuss this with the Finance Committee that meets on November 10th and hoped Donna Hill would be able to provide information on certificates of deposits and notes the Town is holding. The Manager confirmed the Town has a checking account with a minimum balance requirement of $150,000. Mr. Berkowitz added that the Finance Committee might want to look at the length of debt service, and municipal bonds that can be frontloaded to create capital. Mitch added that the Town currently collects 5.4 million for the School Administration District’s portion. The Town collects taxes twice annually with about $600,000 per month going out for expenses- $450,000 each month to the SAD...
Councilor Upham confirmed the proposed fiscal policy will be voted on as a referendum item in June 2006, and if passes, will be added to the Town Charter. In the meantime, the Council will use the proposal over the next few months as they deliberate the budget.
The Council discussed having the Recorder provide comprehensive coverage of the Council Workshops.
The Council discussed Stimson Hall and the proposed related expenses for the building which
includes painting and abatement removal. The bids for work at Stimson Hall will be put out to bid this coming spring.
Council Crane suggested the Council look at the overall maintenance costs associated with Stimson hall before making any further capital planning. Insulation, paint products and ventilation will be reviewed. Councilor Upham brought up the need for the Council to review all the footprints of the Town’s existing properties and the capital expenses needed for maintaining them. This year the appropriation is set at $20,000.
The former Post Office building was discussed. The Manager reported it was his understanding the ordinance prohibited the sale of the former post office because it is deeded with the town office property as a merged lot. The Council asked the Manager to look into whether or not the deeds are separate and if in fact, the properties could be sold separately.
Councilor Duda brought up the issue of insurance coverage for the town’s volunteers. The coverage in effect only provides insurance for town employees or visitors. Councilor Duda noted that some of the volunteers on the Dry Mills Schoolhouse Committee are seniors and was concerned about the lack of coverage for them. Mr. Berkowitz discussed MMA’s policy that has a volunteer component coverage. While unsure of the actual costs, he said he would look into how much it costs.
Councilor Foster mentioned a letter received from Earl Shuttleworth. Councilor Duda stated the Schoolhouse is on the historical registry but its name was incorrectly spelled.
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
Order #38- Review and act on awarding the contract for the repairs to the Hunt’s Hill Davis bridge to Shaw Brothers Construction Company of Gorham Maine.
Sponsor- Town Manager
This action requires a majority vote after an opportunity for public comment
Councilor Upham moved to act on the award contract for repairs to the Hunt’s Hill Davis bridge to Shaw Brothers Construction.
Councilor Crane seconded.
Al Palmer and Steve LaVallee answered questions regarding the bridge repairs. Gorrill Palmer Engineering inspected it and provided information for the repair work. Hunt’s Hill is used as an emergency route when flooding on Route 100 occurs in inclement weather. Davis bridge improvements will allow Hunts Hill to be used as an alternate route. Significant deterioration has occurred since the last inspection was done in 2003 and DOT informed the town in August that something would have to be done sooner than Spring 2006. Al Palmer added that there are three bridges included in the CIP. Hunt’s Hill Davis Bridge was evaluated and the costs to repair it came in around $160,000. Since the decay has progressed and has caused problems with the culvert, the costs were reassessed at current fuel and materials rates. The slip line
option with a supplemental pipe and smaller arch comes in at $169,000 which is based on a $14,000 contingency with the contractor. The present culvert was installed in the 1950’s and the new aluminum structure would increase the gauge thickness bringing the design life to 50-75 years. Mr. Palmer explained the aluminum product is more resistant to sodium chloride and resist the effects of road salt.
Councilor Welch inquired as to whether or not the planned repairs would impact the stream bed or banks. Mr. Palmer explained a concrete culvert will be added on the south side and that stone will be put in both up and downstream.
The contractor will backfill with concrete and/or gravel to fill the space between the two culverts. Councilor Upham noted the proposed flow rates will almost meet the standards of the 100 year flood plan for FEMA. Mr. Palmer added that the flow rate will provide 810 cubic feet per second.
MDOT took the position that based on the current state of the bridge; it is below safe conditions for traffic and should be closed. Further engineering inspection confirmed there could be sheer failure even if there were load limits imposed for traffic. The September 23 site inspection recommended the roadway be closed until repairs are made. Based on weather conditions, the work can be completely around December 15 with permanent paving work done in the Spring of 2006.
Councilor Upham moved to amend the motion to award contract for repairs to the Hunt’s Hill Davis bridge to Shaw Brothers Construction, having any field orders that may adjust the amount of the contract, including change orders which result in additions to the product scope or cost, approved by the Council.
Councilor Welch seconded.
Mr. Palmer suggested a dollar amount be set to avoid having small change orders coming back for Council approval. He asked the Council to set a limit of $7,500 for additional changes. Councilor Upham said he would have preferred the box culvert plan even though it cost more money but the flow of information was not there for the Council to make an informed decision. Councilor Upham added that the Council would like to see any change orders for the project and the respective business case for it, so decisions can be made.
There were no other comments.
The main motion carried 5-0.
The amended motion carried 5-0.
Order #39- Review and act on the awarding of the development of the Village Master Plan to the Greater Council of Governments in Portland based upon the scope of services as approved by the Council. Sponsor- Town Manager
This action requires a majority vote after an opportunity for public comment
Councilor Upham moved to award the development of the Village Master Plan to Greater Portland Council of Governments based on the scope of services as approved by the Council.
Councilor Crane seconded.
Richard Cahill, Town Planner explained the components of the master plan which include infrastructure, sidewalks, traffic, landscape design, historical preservation, movement of goods, pathways, street furniture, fountains and other elements. The application is a prerequisite for additional state funds for the town.
Councilor Welch asked how any impacts can be made aside from paved streets and sidewalks, to privately owned properties. Aside from creating an ordinance the private buildings would not be affected.
Mr. Cahill talked about improvements that can be made to town’s entrance with signage and added that the Planning Board is working with Copp Motors.
Councilor Crane stated that the impacts of the upcoming bypass are not yet know and that it would be better to wait until the Town can see how traffic has been affected by the bypass before proceeding with the master plan. Mr. Cahill said he saw the two tied together and that the town has waited several years to get to this point.
Councilor Upham said if the intent is to look at critical issues such as parking and traffic, a team could be put together to study these elements and provide the costs associated with making them. A lot of the information is already addressed in the Town’s Comprehensive Plan including three MDOT reports on traffic related issues. He suggested the town’s staff could work on this and accomplish it in a few weeks. Mr. Cahill’s response was that the Comp Plan provided general information that dealt with commercial and retail sales and not with infrastructure. The purpose of the grant would be to help the town do the study. Having town staff do the work would take longer and the state may choose not to accept the information after all.
The Manager added that whatever submitted has to meet the State’s criteria and the Town would have to shift staff resources to gather the data. The town’s committees are already utilizing staff time for items they are addressing and accomplishing that work is time consuming in and of itself. COG has dealt with grants for downtown revitalization and knows what qualifications are needed to submit an application that would meet the State’s requirements. The Town should have a strategy in place prior to the bypass so the recommendations are in place.
Further down the road the Town could be eligible for matching grants with a local contribution that is around 25%. The money obtained from the grants would help the community.
Councilor Welch said he would like to have an advisory committee look at the village and conduct a public forum before proceeding. The only public property are the roads and sidewalks and beyond that, the rest are private properties that fall under the town’s codes. Councilor Welch added that he would like to see a list of reasonable things that are wrong with the Town’s center before acting.
Councilor Duda noted the $1,000 town donation for the application has already been approved by the voters and the money has been set aside. She supported moving ahead with the process and looked forward to having grant money come to the Town for the downtown area.
The Manager added that the town has minimal off street parking options which limits access to businesses. The grant would help identify strategies for the town’s future. Councilor Upham said he didn’t have a problem with the money aspect – information from workshops, implementation of ideas and steps of execution to accomplish them were not provided. He felt there was nothing measurable in what was presented for the Council to look at. Mr. Cahill said the document he submitted was a scope of services and that costs can’t be estimated without first determining where they are to go.
Leo Credit, a Gray business owner commented that he reviewed the master plan and while it is not the greatest document, he was excited about the potential, which could provide hope and work toward improving the town’s future. Development gets people interested and provides a vision. Mr. Credit said he would give the town the $1000.00, as he felt so strongly about proceeding with the project. Mr. Credit mentioned the letter from Ron Lydick of McDonald’s who also supported the grant and said he would like to work with him and obtain his input. Leo added that the town has everything to lose by waiting and suggested the Council proceed with the process to encourage hope and generate a positive business climate in town.
Councilor Foster said the previous Council approved the application and the voters supported it last June. While most people view this as free money (grant), it actually comes from taxpayers and businesses.
Councilor Upham moved to amend the Order #39 as follows:
The Greater Portland Council of Governments is awarded the consulting contract to complete the scope of services, including implementable recommendations for the development of the Downtown Village master plan and the Town Manager is authorized to execute the necessary contractual documents and assure the State Planning Office Maine Department of Economic and Community Development is properly notified and kept informed.
Councilor Duda seconded.
The vote was 4-1 (Crane opposed) on the amended motion
The vote was 3-2 (Welch and Crane opposed) on the main motion.
Order #40- To review and act on the sale of a small section of public land (#2,100 sf+/-) at the Public Safety Building that abuts Rt. 26 to the Maine Department of Transportation as part of the Rt. 26 By-Pass Connector project. Sponsor- Town Manager
This action requires a majority vote after an opportunity for public comment
Councilor Upham moved to act on the sale public land at the Public Safety Building that abuts Route 26 to the Maine Department of Transportation as part of the Bypass Connector project.
Councilor Crane seconded the motion.
The sale amount is $2,350.00
Councilor Duda asked if there will be any drainage improvements.
Councilor Foster noted the flow of water will head toward the intersection although he has not seen the final plans. Councilor Crane asked that the Public Safety Committee be notified of the sale. Councilor Upham asked if the Town’ s fire ban would have to moved during construction and if any provisions will be made if the fire station can not be accessed.
The Manager said he would ask Guy Whittington to answer these questions and would contact him directly. There were no other comments.
The vote was 5-0.
Eighth Order of Business
Council Action Items and Assignments
November 7th Workshop Items
Former Post Office
Council Rules
Tax Acquired Properties
It was noted the ORC white paper is due by November 15th.
The court date for the Pennell matter is still pending.
The Council discussed viewing the Library building, the Historical Society at Pennell and the former Post Office and set aside Tuesday November 15th from 3:00 to 5:00 p.m. to conduct the tours. The Council will meet at the Post Office at 3:00 p.m.
Councilor Duda reminded the Manager to look into insurance coverage information for town volunteers and asked if the voting sign at Newbegin could be changed before the polls are open. Councilor Crane suggested small signs be placed at major corners reminding residents to vote. The Manager said the town could invest in signs but does not have any currently.
Ninth Order of Business: Adjournment
The meeting adjourned at 10:08 p.m.
Respectfully submitted,
Janmarie Castagna Bourret
Recording Secretary
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