Special Council Meeting & Workshop
Meeting Minutes
October 10, 2005
Present: Council members Gary Foster, Skip Crane, Andy Upham, John Welch
Excused: Denise Duda
Others Present: Kathy Wood, ZBA; Jack Goosetrey, ORC; Dick Cahill, Town Planner; Bill Getz, ORC; Wade Trudel, ORC; Don Hutchings, Planning Board; Paul White CEO, Mitchell Berkowitz, Town Manager; Pam Wilkinson, Jack Goosetrey, Wade Trudel, Ralph Wink, Julie Sheets
Gary Foster called the meeting to order at 6:00 p.m. and noted the co-signing of the SAD Warrant will be taken out of order with the Executive Session as the last order of business.
Bill Getz, Chair of the Ordinance Review Committee explained his committee found several things lacking in Order 99. Bill asked for Council direction as to whether they wanted the order reviewed and changed or if the committee should delve into working on the entire zoning changes town-wide. Bill asked if the ORC could have copies of the Comprehensive Plan as it pertains to zoning and zoning decisions. He reminded the Council that the ORC is an advisory group and needs Council direction as to whether or not the Council wishes them to work on zoning taking a global approach.
Gary Foster responded that initially, zoning was going to be viewed globally but doing so would be more time consuming. Mr. Foster suggested the ORC work on any necessary changes to Order #99. Andy Upham said he wanted to hear from the CEO, Planner and other board members before making any final decisions.
Don Hutchings explained the Comprehensive Plan and the committee that worked on the plan took over two years to complete. The outside consultant was paid approximately $77,000, and was to be used as a tool with regard to zoning and other town related matters. Mr. Hutchings noted the plan determined traffic was the number one problem with lack of businesses coming to Gray as another. The information was presented to the Council over two years ago and so far nothing from the plan has been implemented. Don stated that one had to wonder if the money spent was worth it.
Councilor Upham brought Order #99 up again and noted that the order is tabled due to the ORC’s recommendation that the Council and the committee take another look at it. The ORC has said that they were not included in the zoning process with the past Council or the Comprehensive Plan committee. Mr. Hutchings said everyone was invited to attend the meetings but no one could be forced to attend. Councilor Upham explained that the order adds two zones and modifies the allowed uses in some other zones. The purpose of this meeting is to have the committees comment as to whether or not the order should proceed toward adoption, be scraped entirely or modified. Paul White added that as much as the town is looking for input, only those members who are interested will attend the meetings. Those who wish to formulate ideas and have input will be
involved.
Bill Getz said the ORC looked at zoning and asked themselves why the south business district should be any different from the north. Bill added that traffic was the main factor and the plan did address that. Don explained that the waterline on Route 100 south provided an incentive to businesses and while it was meant to encourage growth, there was resistance to it by residents in the area and those who do not like to see change.
Don stated that even if Order #99 is edited, there will always be someone who will disagree with it.
Councilor Upham said the parties would like to see consensus among the most fundamental entities; those who are in attendance this evening. Paul White said that since he has taken over as CEO he has not seen a lot of effort going toward building consensus and that the ORC did not have a lot of time to review the zoning ordinance. Councilor Foster said the document was not made available to the ORC in time for their scheduled meeting that was to discuss it.
Mr. Getz said his committee struggled with allowable uses on Route 100 and could not see excluding uses on the north side. Mandating public water hookup was also an area the committee did not feel they had the right to impose on people.
Mr. White said that if the town wants zoning to work, it has to be willing to make business growth happen by providing the current zoning and the infrastructure to support it. Bill added that without the infrastructure the entire matter becomes a moot point.
Jack Goosetrey proposed the town consider making all the main roads Business Commercial zones. Jack used Lawrence Road as an example where a convenience store could be allowed so residents would not have to travel into the center of town. Don Hutchings said that if convenience stores are allowed al over town it would affect the rural aspect of the town. He agreed with Mr. Getz’s point about Route 100 and said there was very little difference between those two areas.
Pam Wilkinson suggested the ORC take the time needed to review the Comp Plan as it pertains to zoning and to ask questions of the Planner and RKG consultants who were involved in the process. Bill Getz noted the need for the committee to read the plan and to understand what rationales were used for some of the permitted uses in the zones.
Andy Upham added that Order #99 needed to be amended or passed and explained that if the zoning issues aren’t addressed, the problems the town is having in procuring new businesses will only be exacerbated.
Councilor Foster noted the ORC was not necessarily opposed to Order #99 and that after Paul White’s suggestion to look at zoning in a broader sense they decided that they wanted the opportunity to do that. Aside from the Shoreland zone which needs special consideration due to protections of the recharge areas, the group wanted to explore other zoning options. Paul said that currently there are 28 allowable uses in the BD zone and 24 in the Commercial zone. The whole key is to creating an ordinance that is easier to interpret, permit and enforce. Pam Wilkinson said she didn’t believe zoning was the problem but rather the application process and she suggested that process be reviewed. Ms. Wilkinson noted that the problems with the application process are not uncommon in other towns and subdivision changes and requirements do not
have anything to do with zoning.
Wade Trudel asked that the Town Planner be involved with the ORC giving them his reasons behind some of the changes proposed and in helping the committee. If the Planner does not think something is going to work, then the Committee needs to know that and not support implementation. Wade also suggested the Town look into providing incentives to draw new business to the area.
Dick Cahill said he was involved ten years ago when the town went through zoning and for the most part the changes have worked well. The Town now finds itself needing more land for economic development with a lot of land tied up in Northbrook. Both the Wellhead and Water District need to be reviewed. Overall, the subdivision ordinance is working well and if any changes are needed it is to tighten it up a bit. Dick suggested the ORC look at the zoning ordinance as a whole and to make their findings available to all parties involved.
Councilor Welch commented that the RB and BR zones are very similar and in a town that will not permit a Skillings Road and Skillings Street to coexist, he did not understand how the two similar zones could be allowed. John noted that he could only envision strip development as a result of the zones which would result in increased traffic due to lowered speed limits. He also asked if he could see a map that depicts the Wellhead zone. John stated that he has heard a lot about expanding the tax base by allowing more business development; and noted that it has more to do with money spent by government on education. John added that it seemed to him as those people with children in the school system want to get a subsidy from businesses. Councilor Welch said he would like to see all people treated the same without putting the burden on one group
or another. He suggested the Comprehensive Plan be considered a guide; a list of desires, and hoped Mr. Hutchings would help work with the ORC in a more parallel method.
Don Hutchings explained that businesses look at the tax base and towns need a mix of both business and residential in order for them to work as a community. It costs a lot more to support a residence as far of impacts to the town and it was not fair to say that businesses are being taken advantage of.
The town does need a business park, tax incentives and infrastructure to support growth. Gray does not have public sewers and as a result, private housing will increase. Mr. Hutchings suggested the town staff work on providing the committees and council what is needed to work on zoning.
Councilor Upham asked for white paper documenting what the Planner’s view is with regard to zoning and what concerns seem to be the most important. Councilor Upham asked the Planner provide an overview giving the Council a sense of what areas need to be addressed. He asked the ORC and town staff work on providing this information to the council by the end of the month. The Manager made the suggestion the CEO and Planner work with the ORC specific to Order #99 instead. Mr. Getz said the ORC would work on the definitions of BR and RB zones and would email the information to the Council, ZBA and Planning Board chairs. He also said the group could look to meet on Wednesdays in addition to their monthly meeting. Councilor Upham said he would like the CEO, and Planner’s input including the latest ORC meeting information by the
end of the month.
Mr. Getz explained that the soonest he could get the information to the Council would be November 15th and that the committee could report their information at a Council Workshop. The group agreed the information would be made available by November 15th.
7:00 – 9:00 p.m. Review and Discussion regarding the Budget guidelines as part of the Council’s fiscal policy and the elements of cost as part of the FY 2007 budget development.
Councilor Foster explained the Council priorities which included set up a fiscal policy that could be used to develop the annual budget from. Future expenditures, CIP, out of pocket expenses, Pennell, and other items should be incorporated into the policy in phases. Gary noted that this fiscal year would pose more of a challenge due to additional revenues from the State (LD1) coming in as well as reductions in allocations.
Councilor Welch asked the Manager if there was any room to play with the undesignated fund balance and if the taxpayers would be the ones picking up the slack if in fact, a recession hits. The Manager explained the expenditure budget is predicated on maintaining core services. The Town will drop 1 million dollars due to the reduction of LD. The schools need $500,000 to meet their commitments. Councilor Upham said the policy can not be based on the SAD. Councilor Welch added that if the money is not available to spend, the budget has to be reduced. Mr. Berkowitz said the Council could direct him to create a budget that hits a point lower than the current tax rate but noted the difference would have to be made up if the schools do not come in with their funds. The alternative would be to place the burden of the shortfall on the backs of core
services. Unfortunately, the deadline for the Town is January 17th, the schools budget information will not be ready until after that date.
Councilor Upham asked the Manager to direct each department head to provide figures – their minimum figures- to provide services. Two budgets: a “standing still” budget and a budget request that would provide information explaining the delta between the two. Each department should be prepared to present a business case. Councilor Foster suggested the Council shoot for a flat budget and work forward from there. Councilor Crane asked that each department look into sharing services with other towns in areas like public safety and dispatching. If revenues can be obtained by retaining services or if departments within the town can share them- the information should be provided. Core services need to be spelled out.
Councilor Upham explained he was less concerned about the mil rate than he was about the prudent management of taxpayer dollars. Citizens need to feel there are getting a fair value for their tax dollars after looking at all alternatives. The Manager added that where the budget is cut is important and over the past four years the Town has eliminated one full time staff at the Town Office and another at Public Works – with escalating demand on both departments. Councilor Upham asked if the Planner could delineate what money comes in to the Town from the construction of new homes.
Knowing this type of information is important in developing a fiscally responsible budget.
Another area that needs to be looked into is employee compensation where employees are paid based on their added value. Employees who are not serving the citizens should not work for the town.
Councilor Welch said he was focusing on surviving one more year, finding a target rather than trying to fix everything. The Council needs to know what money is available and what has changed since the last budget.
Councilor Upham noted the Town’s balance sheet is almost completely free of debt and he would like to preserve that. The Town should explore its own management of cash verses outsourcing to a bank. Mr. Berkowitz suggested asking the Finance Committee to look into this and make a recommendation.
Councilor Upham said he realized all that can really be controlled are expenditures. The costs associated with maintaining the old Post Office and whether or not it is something that the Town can use needs to be addressed. If there is no plan for this building the town needs to dispose of it.
Another idea is to review the CIP planning every six months to avoid unexpected spikes.
The Manager said he would need to see a lot more information if the Council is heading toward a performance based system with regard to employees. Councilor Upham said job requirements and a set of performance standards should be explored.
Councilor Crane said the Town needs to look at what it can contract out and what can be shared with other towns. Using Greater Portland Council of Governments, looking into oil and other department expenses, having each department explaining what their worth is and how they reached the budget number they are requesting – all ways to look at the budget and address expenses. Councilor Foster said that he supported looking at the overall performance of each department and not by each individual employee. The Manager said there should be two components: cost of living and performance evaluations. Councilor Crane added that he didn’t want to set a fixed percentage for a tax target and wondered if the town could seek ways to reduce mileage traveled for snow removal and plowing in light of the high fuel prices. Councilor Upham added
that it would be good to quantify gallons consumed for fire trucks. Having a benchmark would help determine costs.
The Manager said he would work on this and prepare a cap plan. Departments will need to extend their deadlines to provide the budget information requested by the Council.
Review of the Agenda for October 18th:
Bypass update
Interview of Michael Salvetti to the Website Committee
The Council had a lengthy discussion as to whether or not they wanted to proceed with appointing Mr. Salvetti to a committee of one. Councilor Upham said he supported using town staff to update the town’s website with meeting minutes. Councilor Welch voiced his support of having a committee and said he wanted to see a broader approach. While the search function is better on the updated site, there are many items missing – like a copy of the Comprehensive Plan and meeting minutes. It was decided to remove this item from the agenda.
Councilor Foster opened the Special Meeting at 9:29 p.m.
Review and co-sign the MSAD #15 Warrant to place the question of a Facilities Bond before the voters in the November election.
Councilor Foster read the warrant that seeks voter approval for a proposed facilities bond and will appear on the November 8th election ballot.
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 the Hancock Land Company.
Please note the October Council Calendar is being revised to reflect your workshops and meetings as discussed at the Sept. 26 workshop.
Summary of October and other:
Oct. 4: Council Meeting
Oct.12: CCC meeting- ByPass update and Traffic Signaling que’s review
Oct. 10: Workshop- Chairs of PB, ZBA, ORC and Council-zoning
Charge for Budget Development
Oct. 18: Council Meeting- Rt. 26 By-Pass Update by Guy Whittington
Receive revised Agritourism Ord.
Oct. 24: Workshop- CIP Development
Complete the “charge” for ORC- Zoning Amendments
Oct. 31: Workshop???- Cont’d work on the CIP
Cancel the Dec. 3rd meeting between Council and Dept. Heads-Budget- Possibly reschedule in Jan-Feb.
Jan. Feb. 2006- close monitoring of the By pass project and progress
Councilor Crane moved to go into Executive Session at 9:40 p.m.
Councilor Welch seconded.
The motion carried 4-0.
Councilor Crane moved to end the Executive Session at 10:32 p.m.
Councilor Upham seconded.
The vote was unanimous, 4-0.
Adjournment
Councilor Upham moved to adjourn.
Councilor Crane seconded.
The meeting adjourned at 10:33 p.m.
Respectfully submitted,
Janmarie Castagna Bourret
Recording Secretary
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