Town Council
Meeting Minutes
December 6, 2005
NOTICE TO THE PUBLIC:
THE COUNCIL WILL GO INTO AN EXECUTIVE SESSION AT 6:30 P.M. FOR THE PURPOSES OF DISCUSSING THE LIBBY HILL LAND COST AND ACQUISITION OPTIONS PER M.R.S.A. CHAPTER 13 §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”
Present: Town Councilors Gary Foster, Andy Upham, Skip Crane, Denise Duda and John Welch
Town Manager Mitchell Berkowitz
Others Present and Speaking: Priscilla Payne, Peter Gerardo, Joyce Burrows, Chris Cucco, Bob Driscoll, Marilyn Porcaro, Wayne Wood, Dick Wood, Jon Barton, Bob Ryan, Boe Hamilton, Dave Knudsen, Wade Trudel, Pam Wilkinson, Ralph Wink, Paul Pietropaoli, Craig Denekas, and Brad Fogg.
Council Chair Foster opened the meeting at 7:06 p.m.
First Order of Business
Council Discussion with the Library Trustees regarding space requirements
The Council discussed the library expanding into the basement level after they reviewed the other options presented by the Trustees at a previous Council meeting.
The expansion would meet the Library’s current space needs and would give the town an additional five to ten years before a new facility would be needed.
Ms. Payne explained that while she knew the basement was always an option, there are concerns that without estimates and design work in place it would be difficult to establish the costs and to determine if the library’s design would meet its patron’s needs. Councilor Foster said the Council had not discussed the design portion but was aware of the need to have outside professionals brought in to the process. Priscilla added that she would like to be able to discuss the design with an architect and to involve her staff in the process. Priscilla mentioned climate control, and an elevator as two important features that need to be incorporated into the renovations. Ms. Payne suggested the Council determine how much money it wishes to invest in the facility while knowing down the road a new facility will be needed to meet the town’s growing needs.
Councilor Foster explained that the Council was aware of the need for redesigning the present septic system. A professional engineer would have to be involved in the process and determine the size and type of system that could accommodate the expansion. Councilor Upham cited the Cohen report which factored costs on an additional 1500 square feet and a new elevator. Councilor Upham said a cost analysis would need to be done after a scope of work is completed. After this is done, an estimate can be obtained and the Council can determine how much will be appropriated for the expansion.
Peter Gerardo, a Library Trustee said he was concerned about major repairs for the current library and wondered what the time frame would be for the project so that any fundraising events could be planned in advance. Peter said he hoped that if the Trustees were not able to raise funding, the town would supplement the shortfall.
Councilor Foster said if the Council commits to the project it will get accomplished. Peter noted that with two levels at the library, additional staffing for both levels would need to be factored in to the costs as well.
Joyce Burrow, another Library Trustee voiced her concern that the Town may be taking a band aid approach. Joyce wondered if the building’s floor could support additional weight loads and noted stairs would need to be installed as an access out of the building in case of fire. The walls might need to have additional supports and the costs for all these repairs will need to be factored in to see if the investment is worth it.
Chair Foster thanked everyone for their comments and noted their concerns would be taken into consideration.
Public Hearing: To receive public comment on the renewal application of the automobile recycling (salvage) yard for Kevin Kimball D/B/A Kimball’s & Dube’s Garage, Inc. located at 23 Frost Road.
There were no public comments.
Public Hearing was closed.
Public Hearing: To receive public comment on a new refuse hauler’s license for Almighty Waste.
There were no public comments.
Public Hearing was closed.
Presentation: HNTB Engineering firm will review the two bridges scheduled for bidding this winter- Knight’s Bridge on Mayall and the Meguire Bridge deck on Meguire Road.
Chris Cucco and Bob Driscoll from HNTB Engineering were introduced. The Manager had asked the firm to provide a proposal for the work needed on Knight’s and Meguire Bridges. Chris reported HNTB submitted the preliminary design in February 2004 and filed a final design on December 2004.
Mayall Meguire Bridge:
· Just short of 20 ft. in length
· 3 Ton max weight limit
· East abutment: stone masonry, capped with concrete
· West abutment: granite
· Condition: poor
· Beams: corroded; with some section loss
· Substructure: good condition
Knight’s Bridge:
· 12 ft. long, 22 ft. wide. Speed limit 45 mph
· Steel beams: good condition
· Deck: poor condition- broken welds
· Substructure: poor condition. Large voids and numerous broken stones
Recommendation: Steel Arch Structure.
Final design: will closely match the natural stream. Less erosion due to the open bottom on bridge. Permitting agencies prefer steel arch designs. Concrete kneewall construction allows the steel arch not to be exposed to water, extending its life.
Design also allows for smaller contractors to do the work. (Vehicles can fit within the 66 ft. right of way)
Councilor Foster talked about the substructure (Knight’s Bridge)not being able to support the use of a timber deck due to the conditions of the abutments. Chris added that the engineering study agreed with the DOT that the substructure should not be reutilized.
Chris discussed the costs associated with the aluminum arch were lower than with the concrete box option and the life expectancy is 50 years. The design is in compliance with the standards for a 100-year flood plan, in accordance to Federal Emergency Management Agency requirements.
Councilor Welch said he did not recall the speed limit as 45 mph and wondered if there were any ways of removing impediments to the flow in the streambed or changing the angle of the flow to make it more efficient. Mr. Cucco said he did not see erosion as a concern and riprap would address any problems, if they presented.
Councilor Upham noted the steel plate arch culvert bid of $73,400 and the concrete box culvert at $79,800. Both options meet the 100-year flood plan standards. Councilor Upham suggested taking another look at the box style culvert which has a longer life span. Councilor Upham calculated it would cost approximately $600,000 (at current inflation rates) to replace the steel arch after 50 years. Mr. Cucco said the DEP may not consider the box style a replacement and it could fall under a permit by rule. Bob Driscoll added the DEP favors open bottom channels and does not fit the criteria of permit by rule. There would be another application – a natural resource protection permit – which takes about four months to process. Bob noted that the culvert could be oversized and placed below grade with fill – which would help obtain
the permit.
Chris said he would have to review the life cycle costs for the box culvert which has a 75-100 year replacement range. The Manager added the arch style, if acceptable could begin next spring. If an alternate analysis is done and the precast box style is chosen, the town would have to amend its agreement with the engineer. Mr. Cucco said he supported the steel arch as the best option and explained during normal flow, the arch would be above the water line which would help extend its life beyond 50 years.
Wayne Wood asked Chris if the downstream hydraulics were reviewed. There is a dry hydrant located there which could be affected. The steel arch would remove abutments and logs under the brook which would change the flow pattern downstream to the dry hydrant and during high flow could cause erosion at the Route 100 bridge. Mr. Cucco said the scope of work called for a limited analysis which did not show any dramatic change.
Marilyn Porcaro, asked about the safety of the Meguire Bridge which has a 3-ton limit and wondered if the bridge could support fire and gravel trucks. Councilor Foster explained the two bridges were separate projects. The Manager added the bids can be submitted separately with bid awards going out in February or March for Meguire Bridge.
Dick Wood said he supported Wayne Wood’s concern that with the course of the stream changing, there would be effects somewhere else. Councilor Foster said he agreed with both Wayne and Dick that the realignment of the channel under the road will have an impact and should be studied further.
Councilor Duda wondered if the two options for Meguire could both support a wider road, if that were to occur in the future. Chris said either one could support a 30-32’ ft wide road. Councilor Crane asked if it would be easier to widen the road with the box style as opposed to the arch style. Chris said that either option could work with considerations for expanding the road could be incorporated into the design. Bob Driscoll said that he could provide more information on the additional flows and the impact to the downstream structure as well as erosion controls.
Both Chris and Bob said they would provide the Council with a life cycle cost for Knight’s
Bridge with a downstream analysis including impacts to erosion and the dry hydrant. The Council agreed to move ahead with the plans for Meguire Bridge. Closure on the Knight’s Bridge will be approximately 40 working days. The Manager noted Dick Wood’s farm that would be impacted by the road closure. Chris noted terms could be put into the contract to build faster but the costs would increase.
Presentation: Chief Barton will review the vehicle specifications for the two units that are to be bid and purchased for the Public Safety Department
Chief Jon Barton provided handouts for the Council concerning the vehicle specs for the two new units that are going out to bid for the Public Safety Department. The department is looking to replace its 1981 Engine 1 and the 1985 squad truck with scheduled maintenance funds set aside through capital improvement planning. Chief Barton explained the department has improved its rating for rural towns and holds a class 4 rating.
Deputy Bob Ryan explained the department formed two committees for the vehicle replacement process. The department has been using Engine 1 for water supply from hydrants to fire vehicles. The standard cab cannot accommodate three firefighters in gear. The larger cab on the new vehicle will hold up to five and contain 1200 gallons of water. The department has decided on a Ford 450 that will have an EMS section in it. The vehicle can navigate on smaller roads and respond to wood and grass fire calls as the first unit on the scene. Councilor Crane noted the amount of work put into the specs and asked why it specifically notes a Ford. Deputy Ryan explained that Ford was the only company to offer a vehicle that size which eliminated other chasis manufacturers.
Deputy Ryan noted the bid consists of the assembly of the components and eight separate vendors were involved. The dealer that is awarded the bid will be the point of contact regarding the vehicles warrantee.
Interview: D.Boe Hamilton for the position of Alternate on the Library Board of Trustees, for a three year term ending June 30, 2008
Mr. Hamilton was introduced. Councilor Duda asked if there was any potential conflict that would prevent him from serving as an alternate on the Library Board of Trustees. Mr. Hamilton said he did not see any issues that would prevent him serving. There were no other comments or questions from the Council.
Interview: David Knudsen for the position on the Ordinance Review Committee for the term ending June 30, 2006.
Dave Knudsen was introduced. Mr. Knudsen was a former member of the ORC. Councilor Foster noted the Council Rules do not require an application for the position as his previous application is on file with the Town.
Mr. Knudsen said he did not see any possible conflicts that would prevent him from serving. He spoke of his past contributions to the gravel pit ordinance and has attended ORC meetings over the past eighteen months. Councilor Upham asked why David refused to submit an application. Mr. Knudsen said his abilities have been demonstrated and he had done so previously.
Chair Foster said Pam Wilkinson has requested a regular position on the ORC. Ms. Wilkinson is currently an alternate.
There were no other questions for Mr. Knudsen.
Second Order of Business:
Approval of November 15, 2005 Town Council Minutes
Councilor Duda moved to approve the November 15th meeting minutes
Councilor Upham seconded.
Corrections:
Page 7, Fourth Order, sentence 2: Councilor Duda reported the Library Trustees noted circulation for the month of October was 2000 items high higher than October of last year.
Page 10: Councilor Welch inquired about a previous discussion regarding the CEDC’s comments on the town’s bureaucratic regulatory quagmire with regard to business development in the Town.
Page 13, par. 6: Councilor Upham said he opposed because he did not believe there was a need for the Committee and that hid his vote had nothing to do with Mr. Salvetti, personally.
Councilor Duda moved to approve the minutes as amended.
Councilor Upham seconded.
The vote was 5-0 on both the main and amended motions
Approval of November 21, 2005 Workshop Minutes
Councilor Crane moved to approve the minutes for November 21st.
Councilor Duda seconded.
There were no corrections or comments.
The motion carried unanimously.
Third Order of Business:
Reports from the Council Chair
December 6, 2005
Council Rules
The Council has amended Council rules to include an updated charge for the Website Committee and to reflect the change in the Finance Committee, approved by the voters last month. We have also revised the parliamentary rules sections of Council Rules, and renumbered the sections. Tonight we officially inform the public of these changes and our intent to take action to implement these changes at our December 20 Council meeting. There are a limited number of copies of the proposed changes available in the back of the room.
Village Master Plan Advisory Committee
We have received an application to the Village Master Plan Advisory Committee from Jeanne Adams. This is an Ad-hoc Committee that is part of a Community Development Block Grant for a Village Revitalization study. In May of this year the Council authorized the Town Planner to apply for the grant, which was subsequently approved, and on November 1 Council awarded the contract for the study to the Greater Portland Council of Governments.
Christmas Tree Lighting
The Council wishes to thank and express our appreciation to all who organized and participated in the annual Christmas tree lighting ceremonies last Sunday, including Karen Taylor and the organizers of the event, the Gray-New Gloucester Chorus, Donnie Carroll, Gray Fire and Rescue, Red Hat Ladies, just to name a few, and equally extend our thanks and appreciation to all those, too numerous to list, who were involved in kicking off the Christmas season and spirit in Gray. Unfortunately, due to scheduling conflicts, I was unable to attend this year’s ceremony.
Committee and Board vacancies
Believe it or not, we still have vacancies on many of our Boards and Committees, including:
Cable Television Committee: 2 vacancies
Charles Barker Scholarship Committee: 2 vacancies
Community Economic Development Committee: 2 vacancies
Dry Mills Schoolhouse Committee: 1 vacancy
Grange No. 41, Scholarship Fund Committee: 1 vacancy
Library Board of Trustees: 2 vacancies
Public Safety Committee – 3 yr. Terms: 2 vacancies
Recreation & Conservation Committee: 4 vacancies
Solid Waste & Recycling Committee: 6 vacancies
Website Committee: vacancies
Zoning Board of Appeals: 2 vacancies
Applications may be picked up at the Town Office or downloaded from the website at www.Graymaine.org.
Respectfully Submitted,
Gary Foster
Chair, Gray Town Council
Reports from the Town Manager
December 6, 2005
County Budget Advisory Committee Meetings:
The County Advisory Committee will hold budget meetings in December for Public Input. These will be held as follows:
Dec. 8, 2005 7:00PM Dec. 12, 2005 7:00 PM
Scarborough town Hall Portland City Hall
Dec. 14, 2005 7:00 PM Dec. 15, 2005 6:00 PM
Naples Town Hall Freeport town Offices
Hunt’s Davis Bridge Repairs:
The repairs to the bridge have been completed and the Contractor planned to complete all of the pavement and guard rail work last week. If this occurs, the bridge would then be opened for use. According to Steve LaVallee, Public Works Director, the Shaw Brothers Construction has done a great job both in the quality of work as well as the completion within a short time frame. Once the contract was awarded there was concern that final paving would not take place until spring but with the work in the field going well and the cooperative temperatures, all the paving was completed now.
The Hunt’s Davis Bridge was a planned repair as part of the Towns’ Capital Investment Plan which had to be moved up to this fall due to the existing structure deterioration. The bridge was closed at the end of September and the Town attempted to shorten the inconvenience this created.
Crystal Lake Drainage:
The Public Works Department has replaced a failed drainage pipe that may have had some impact as to the level of Crystal Lake. After receiving calls by concerned property owners of the Lake’s level, the Department did locate a failed 18” pipe south of Crystal Lake. They replaced it with a 24” pipe at a lower elevation helping to drain the pond level which may have affected the lake level due to the poor drainage. The unusually warm temperatures and rain also contribute to the very wet soils which create some basement flooding.
Annual MTA Visit:
Each year around this time the representative of the Maine Turnpike Authority visits the corridor communities to make contact, share thoughts and take away local issues of importance. Chair Gary Foster and myself will be meeting with the Conrad on Monday, Dec. 12. One of the key points will be the Town’s continued concerns that the construction of the By-pass be done in the most efficient and timely manner and that any changes in the construction schedule including the bridge work be immediately relayed to the Town.
Training Sessions:
On Friday, December 9, I will be attending two sessions held by MMA. The morning session will be to discuss the Range Rider program in Maine. As a committee member each will bring their thoughts and expectations to this valuable resource and how we can increase the number of qualified persons willing to assist a community on an interim basis as a temporary manager. The second session will be the afternoon workshop on ethics for Manager’s.
Central Corridor Coalition Meeting:
On Wed. Dec. 12 in N. Yarmouth, the CCC will meet at 6:30 PM to continue efforts on a more regional basis for access management, MDOT winter maintenance and joint capital equipment purchasing for local communities.
Town Holiday Schedule:
During the upcoming Holiday Season the regular schedule for various town services will change slightly. The following schedule is offered as a reminder to our citizens.
Town Offices- Friday-December 16- 8:00 AM- noon- Open
Friday-December 23- 8:00 AM- noon-Open
Monday-December 26- Closed
Monday-January 2, 2006- Closed
Transfer Station Saturday-December 24- 7-11:00 AM- Open
Sunday-December 25th- Closed
Sunday-January 1- Closed
Library Saturday-December 24- Closed
Saturday-December 31- 9-3 PM- Open
Respectfully Submitted,
Mitchell A. Berkowitz
Fourth Order of Business:
Committee Appointments and Resignations-Appointment of D. Boe Hamilton as an alternate to the Library Trustees through June 30, 2008
Committee Reports
Councilor Duda reported the Dry Mills Schoolhouse Committee has been working on their website with a link to a historical site added to their home page. The Committee is still looking for members, if anyone is interested, please contact the Town Office.
Councilor Crane reported there was a small group at the last Public Safety meeting. Chief Barton presented information on water supplies for subdivisions, dry hydrants, sprinkler systems and legislation for new construction. Dick Wood presented a flyer from Southern Maine Regional Transportation with information on traffic studies.
Councilor Crane said he attended a revitalization seminar presented by Bernstein and Shur. The seminar discussed ideas for combining services and purchases. Nat Tupper spoke about sharing emergency services which has showed not only a savings but provides better services.
The Greater Portland Council of Governments is working on an entitlement grant.
Gray Business Association meeting provided information for the downtown revitalization committee that is forming. The group decided members of the committee need to be a town resident if they are voting members. Any one interested in the committee can attend but only residents can vote or take action. GBA will hold its annual meeting on January 21st. A product handout is under development.
Councilor Welch attended the last CEDC meeting. Different views were aired with regard to the website report. Councilor Welch said he hoped there would more discussion on the letter from CEDC at talks about resolving the bureaucratic quagmire.
The Cable Committee is looking at renewing the cable franchise agreement. Councilor Welch said he supported the Committee taking the lead with regard to the franchise agreement.
Councilor Foster attended Regional Waste Systems meeting on November 17th. Test results were discussed from the carbon emissions study. Revenues were slightly down from this time last year, but overall there are improvements to the financial state of the facility. Kevin Roche was commended for the job he is doing as the groups new General Manager. RWS discussed single stream recycling. This process would eliminate the need to sort.
The Ordinance Review Committee met on December 1st to discuss the White Paper report and Order #99. The Committee agreed to work on the ordinance rather than zone changes. The current ordinance was found to be a deterrent and needs amending. ORC agreed Order #99 should not proceed. Wade Trudel was appointed Chair as Bill Getz has moved out of town and left a vacancy.
Council Correspondence
Email from Sue Austin
December 2, 2005
Dear Denise,
I attended the November 16th CEDC meeting when Mr. Denekas spoke on Pineland Farms’ business plan around the proposed Agritourism Zoning. The exchange of details was candid and forthright.
In 1998 the Legislature created the Pineland Conversion Committee to market and sell the Pineland Campus. I was appointed as Gray’s representative to serve on that committee. In that capacity and as your state representative presently, I have been aware of underlying concerns of some citizens over the purchase of first one property then another. They ask, “What will happen to this property in the future?” “What are Libra’s motives?” Interestingly at the meeting Craig announced October Corp.’s purchase of New England Turf land on Mayall Road. While a town councilor, property across from New England Turf threatened to change ownership. Gray- New Gloucester leadership met to discuss the possibility of it becoming housing developments. The October Corp. purchased it shortly thereafter and the Gillespie’s (former owners) manage the property feeding vegetables to the Pineland Farm Stand and Portland Public Market. After all that anxiety of housing development and straining effect on
town/school services; the land remained open. New Eng. Turf land will produce feed for Pineland Farms and also remain open.
During the meeting someone alluded to Agritourism as New. Actually it was created several years ago because Maine farmers had been brought to their knees by our declining economy. They realized that to retain their multi generation farms they must creatively whittle out a special nitch. Farming entrepreneurs spoke at my Business Research and Economic Development Committee approximately 2 1/2 years ago telling of their past decline in “making a go of it” with the old farming model and their battle to keep open fields, taxes paid, solvency and raise families. Examples: Smiling Hill Farm in Scarborough, Norlands in Livermore, MOFGA in Unity, Gones in Caribou and Wolfneck Farms in Freeport. Combining farming, marketing and business has been successful as the Maine, Yankee ingenuity that it represents.
The opportunity for us is Gray would be the fore-runner in Agritourism ordinance creation in Maine. The Ordinance Committee with Stephanie Gilbert, (State Ag. Depart.) drafted model coverage that other forward thinking communities can replicate. It designates Gray as home of one of the most positively situated, precisely maintained and uniquely educational/farming showcases in Maine. Toil on the land is a highly regarded way of life for Mainers as healthy support and attendance to our agricultural fairs will attest. The Libra Foundation is committed to researching methodology that will sustain farming in our STATE for the value added wholesome life style at its core (Youth 4-H) with not only education on the food chain (seed to supermarket) but fields with grazing livestock. Certainly, all key components in our highly popularized state
slogan, “Maine the Way Life Should BE”! Pineland has hosted a collaborative project with the U Maine Cooperative Extension breeding disease resistant sheep in Gray and is now extensively researching methods in raising organic beef.
Over six years many properties within our town that were teetering on the brink of ill repair/demolition have been Saved and are functioning! So many have been given the attention they deserved to elevate them to the proud preserved position in which they reign today. (Also note Libra’s attention to the Mayall Woolen Mill site and Collyer Brook Dam.)
Three business plans failed in acquisition of bank financing to purchase Pineland from Maine. Mr. Wells drove down Route 231/Intervale with interest and a vision became one step closer to reality! This could not have been realized without the unusual resources of this organization. We may have a minimal six year relationship with the Libra Foundation but we and our good neighbor New Gloucester have witnessed a slice of their style of business and the reputation it stands for. Through the legislature I visited a sister project of Pineland, the Maine Winter Sports Center and their managing principles. Libra’s style “stands” state wide.
As Leadership we can Choose to concentrate on the quality of our working relationship with Pineland Farms vs. duration of ownership of their holdings. That sturdy relationship will contribute significantly to supporting and sustaining a healthy future for Gray’s financial and resource management.
Sitting on the Business Committee with the interactive struggle of realizing and promoting entrepreneurial behavior across Maine in hopes of job creation, I recognize the positive endeavor and outcomes possible in this relationship. The Business Committee created the Pine Tree Zones with tax breaks just to beg the interest of business development to broaden our economic landscape. The decision before you is not based on a need to offer incentives or reduce tax revenues to gain more opportunities of employment and added infusion into our business base through Pineland Farms’ expansion. We can become a contributing player in supporting the expansion of a sound business that exists in our town today. One which will turn our long aspired goal of becoming a DESTINATION not just a By-Pass into actuality! I know each of you will weight
this zoning decision with deserved consideration. If there is a historical piece around Pineland’s development that you ponder, please call/e-mail me. I view this as a significant decision at the crossroads of Gray’s agenda. “Thank You” for your time given to reading this.
Sincerely, Sues
C: Gary, Andy, John, Skip
Letter from Owen Mills:
November 18, 2005
Dear Gary:
As you know, a proposed revision to the Gray zoning ordinance regarding “agritourism” has now been recommended by the Ordinance Review Committee. I understand the matter has reached the Town Council for consideration.
Passage of this zoning amendment is an important matter. October Corporation (the title-holding entity of the Libra Foundation) is developing significant long-term investment plans for agritourism facilities at several of its farms in Gary. These matters have been presented and explained to various Town officials and boards by Libra’s representatives for well over a year. We have worked with Town officials to craft a simple and understandable revision. Failure of this matter will force us to develop our plans elsewhere.
Craig Denekas, Vice President of the Libra Foundation, has reported to me that he was invited to attend, and did attend a meeting of the Community and Economic Development Committee (CEDC) again earlier this week. I am told that the sentiment from that Committee is that the proposal is both appropriate and desired.
It is my hope that the Town Council acts favorably upon this matter. This is an opportunity to demonstrate and implement through the private sector, responsible economic development in rural communities. This is an opportunity to finally do something rather than just talk about it.
Very truly yours,
Owen W. Wells
Email from Pat Dunn
As a concerned citizen, I am writing this letter to urge the town council to consider all possibilities of retaining the property on Libby Hill for public use.
It is a wonderful spot for families to go and walk the woods and just enjoy nature in that area whether it be fall, summer or spring, and it is great for x-c skiing in the winter.
Another very valuable aspect of the property is the proximity~and availability of the space for the Middle school and the High School. It provides a beautiful spot for X-C
running and races and is a great spot for X-C skiing and school races. It is utilized by both our Middle school and High School students.
I hope we can support them and keep this space available for them to use for years to come. Once open space is lost, there is no way to get it back.
Pat Dunn
Email from Bill Getz
Dear Friends,
I will be moving to Portland on December 16th. Therefore, it is with regret
that I must resign from the Ordinance Review Committee and the Zoning Board
of Appeals. I have enjoyed my time and association with all of the fine
people of Gray and our commitment to building a strong community. Please
accept this e-mail as my resignation and my apologizes if e-mail is not
personal enough. I have learned a great deal from my association with each
of you and thank you for your dedication and friendship.
Sincerely,
Bill Getz
Email from Pam Wilkinson
Dear Gary,
In lieu of the fact that Bill Getz regrettably has resigned, I am notifying you of my interest to become moved from alternate to a full time ORC member. As you know I have been a past ORC member for several years and have also served as chair. I have full knowledge of the present ordinances and Comprehensive Plan that guide us. The concerns of zoning, updating badly needed ordinance revisions and ultimately the revamping of procedures to make the process fair an d equitable to all are a priority. I am an advocate of protecting all people’s interest in the Town of Gray and I wish to become a regular member to continue improving ordinances and process changes.
Warm regards,
Pam Wilkinson
Email from David Knudsen
Gary,
It is a great loss to Gray that Bill Getz is leaving town.
With Bill leaving, I would be willing to rejoin the Ordinance Review Committee to replace him if that is desired, but only as a regular Member; I do not want to be an Alternate.
I am not going to fill out an application; I have previously given long and dedicated service on the Committee.
Best regards,
Dave
A holiday card was received from the Recording Secretary.
A letter was sent to Matt Hancock and Alec Javis on behalf of the Town.
November 22, 2006
Re: Negotiation Regarding Libby Hill
Dear Matt and Alec,
At our last meeting the Town of Gray identified the need to explore the opportunities to secure the necessary funding to complete the proposed purchase of the Libby Hill property. The details of our previous meetings were reviewed in council Executive Session that was expanded to include the MSAD 15 and the Gray Community Endowment group, all key players in this project. The expanded team affirmed that we are not interested in any lease agreements at this time, but rather seeks to acquire the property absent the tower and associated land required to create a conforming lot for the tower. Our only interest in the property is to preserve it as recreation space for our citizenry.
We have listened diligently as you explained Hancock Land management’s pricing methodology based upon divesting yourselves of the subject property and reallocating the capital to a higher and better use for your corporate interests. During our discussions, we have encouraged Hancock Land Management to consider the intrinsic value this parcel represents for Gray’s citizens and especially the Middle and High School students who depend on it as part of their educational opportunity. The Gray Community Endowment group recently received a donation of 45 acres by the Libbey family and quickly secured grant funding to conduct a forestry management pan and design new trails. Dedicated volunteers are now in the process of building the trails, and the Grays Community Endowment group I working tirelessly to expand outdoor, experiential
education using Libby Hill as the lab. It is heartwarming to witness the true spirit of community embodied in such altruistic endeavors. As we have said at past meetings, the Town of Gray has limited resources for land acquisitions, even for one as important to our community as this one. Our alliance with the Gray Community Endowment group is critical to the continued success of these negotiations.
The Town of Gray entered the recent negotiations with the hopes of finding an equitable solution. Hancock Land Management would retain the rental income from the tower and Gray’s citizens and school children could enjoy the continuity the land provides to recreational and expanded learning opportunities, a win-win. Equally important and in the spirit of altruism, it was our expanded team’s hope to honor the Hancock family by dedicating a section of the trail system in memory of your father, David, who was a popular teacher at Gray New Gloucester high school for many years.
The Manager noted the Town has not heard back from Hancock Lumber to date but the town has left the door open for another opportunity or offer. Gray Community Endowment’s participation is important and fundraising may be needed.
Chair Foster read the position White Paper he received from Paul White
The ORC committee reviewed the white paper presented by the Town Planner and CEO.
Town Planner & CEO White paper recommendations:
Increase bounders in the BD Zone-
Increase land available for business
The Order 99 proposed BD to increase. The BD area located on Route 202 acreage would increase from the reduced acreage approved 10 years ago to expand beyond its original borders:
Order 99 recommendation : The Business Development district covers an area on Route 202 (the West Gray Road) bordered by the Maine Turnpike on the east, the Wellhead district to the north, Ramsdell Road on the west and the Resource Protection district on the south . Also the Business Development district includes land bordered by Frost Road on the northeast, Center Road on the east and the Resource Protection district on the west.
The present underlying districts are Business Development, Rural Residential/Agricultural District.
Note: Per Table 4-2 of the Comprehensive Plan, the present percentage of total acres zoned for business or commercial use in Gray is approx 4.1% (1121 acres of the total 27,760 acreage for Gray). Total undeveloped acres zoned for business and commercial use is 581 acres of the total 17, 061 undeveloped acres available in Gray which is approx 3.4% of the total acreage available. There is a disproportional amount of land available for residential use and a potential of increased tax burden if more land is not reserved for future economic growth.
Add more uses to Home Occupations- Addressing Route 26 and Route 115
Enable Home Occupation expansion i.e. a professional occupation that increases beyond the residence. (subject to impact limits)
ORC Discussion-While Home Occupations needs to be updated to include more current uses that will have low impact to abutting neighbors, it does not allow for low impact businesses to establish without having to reside in the structure. Defined properly the added uses for home occupation should be allowed in all residential zones but areas with high visibility and traffic which generate business should have the potential of expanded criteria and use. If an incubator home occupation expands to needing more access to visualization or traffic land should be available in those areas for expansion. Some of the zones should be analyzed to include similar uses that already exist. An example of an inequity is a medical facility is allowed on Route 26 but a professional office is not. ORC should research new
uses and evaluate whether is should be added to Home Occupation while adding other uses with higher impact to zones already in existence. The Route 26 and Route 115 zoning proposals were to incorporate present activities occurring in those areas and a proactive approach to future development but could be reserved for a future consideration.
Create an adhoc committee for Zoning Reviews-
ORC Discussion-Creating another committee is not the answer. There are too many other committees that are unfilled. Per 602.44 of the Council’s Rules ORC’s responsibility is to:
B. Duties
1. The Committee shall draft Town Ordinances and amendments to Ordinances relating to zoning, subdivisions, land use, and other ordinances, all as requested or directed by the Town Council.
2. The Committee shall offer advice, assistance and make recommendations to the Town Council, Town Manager, Town Committee and Town staff as to needed changes in land use ordinances and the like, as directed by the Town Council.
Ordinance Review Recommendations:
It has been discussed with some members that zoning should be eliminated. The problems that seem to be occurring is not with zoning as much as it is with the timely and unjust processes that some have experienced in the past. The process needs to be streamlined and equitable. Discussion of reverting back to conditional uses instead of uses requiring site plan review was also discussed.
ORC needs to be utilized in developing ordinances and they should include a plan which utilizes the town planner, CEO, Comprehensive Plan Advisory Group and/or other resources to assist in its development. This plan can be developed by incorporating some of the recommendations of the Town Planner and CEO’s white paper with respect to approach. The ORC will develop a schedule of action plans to address the zones to be addressed.
( Bill this needs to be discussed with the other members. It is ORC’s responsibility but when the demand arrives then committal of more dates to accomplish the task will need to be made. I am not sure all on ORC are in agreement?) Your thoughts.
There is a disconnect between the Planning Board and the ORC. We need to find a way to coordinate and streamline the process.
Suggestions for Immediate Priority Adjustments
· Well Head 1 & 2 – zone lines to be redrawn on map according to Water Districts recommendation to include buffer area
· Revert back to prior Village C zone lines and eliminate AP criteria
· BD on Route 202 – Increase acreage
· Business Residential Zone ( to be renamed) proposed for Route 202-encourage traffic flow out of center of town
· Southerly line (Bibber) change for the Commercial Zone.
Action Plan
1. Draw Zone lines on new map
§ WH1 & WH 2-Have a map created to incorporate Water Districts recommendations for WHI and WH2 zone lines for first ORC meeting in January.
§ VAP-Revert back to prior Village Commercial zone lines lifting the VAP criteria.
Review and update uses, space standards, and performance standards.
§ Commercial-Maintain existing zone lines with the exception of adjusting the southerly property line up to Bibber property line. (Bibber property excluded from Commercial zone with total acreage in Medium Density district per their request).
Review and update uses, space standards, and performance standards
§ Medium Density- Adjust lines according to WH2 boundaries on Route 26 and Route 100 north. On Route 100 south, adjust up to Bibber property line.
Review and update uses, space standards, and performance standards.
Review and update uses, space standards, and performance standards
§ Business Development-Increase zone per recommendations of the original Order 99 taking into consideration the WH2 zone boundary lines.
Review and update uses, space standards, and performance standards
§ Business Residential-(Zone name to be renamed) Route 202. Create auxiliary zone to assist the needs and demands of the Business Development District and to assist in diverting traffic flow from the Turnpike from turning right to the village center.
Research uses, space standards, and performance standards
RRA- Update Home Occupations
Review and update uses, space standards, and performance standards
§ AOZ-Upon recommendation of the Water District review boundary lines
§ Lake District- Maintain zone lines until review
§ Mobile Home Park-Maintain zone until review of state’s criteria.
§ Institutional Control Zone-ICZ- Maintain
The Ordinance Review Committee would look at:
Reducing the number of zones
Increase acceptable uses for business in each zone
Modify the triggers for site plan review.
There was a definite indication that home occupations should be encouraged and allowed to expand.
There was a desire that zoning be simplified and a greater reliance on market forces.
Focus on use/ density/ space standards/performance standard changes within the present zones
Postpone recommendations of zone changes of Route 26 and Route 115 Zone changes
Review feasibility of Contract Zoning within business/ commercial / proposed village commercial districts
Wade Trudel, ORC Chair explained the committee discussion at the last meeting that resulted in the decision not to support Order #99. Many sections of the ordinance were found to be in conflict and in need of revision. The committee felt overwhelmingly that an injustice would be occurring, if the committee proceeded with zoning overlooking the ordinance. Zoning will benefit from the changes in the ordinance and much of the work has been completed which will move the new changes in zoning along much faster. The ORC would like to take a three-month window to work on the ordinance changes with information provided to the committee by CEO White. Councilor Foster agreed the group spent a lot of time discussing the right way to proceed. After careful consideration, the most urgent problem is the language contained in the ordinance
itself.
Councilor Upham suggested the ORC work with staff, Planning Board and ZBA members when it comes to the interpretation of the ordinance. He asked the other committees be keep in the loop, via email so all parties would be advised of the discussions. Councilor Upham asked that a timetable be established that contains dates and expectations.
Dave Knudsen agreed there were many errors noted in the gravel pit ordinance and the committee even found one section was missing entirely. He supported addressing the ordinance before zoning.
Councilor Upham added that Bruce Sawyer (Gray Water District) will speak to the Wellhead area at a Council meeting in early January. An engineer will also be there and the members of the ORC are welcome to attend.
Council Business
Council Notification of its intent to change the Council Rules to incorporate the amendments to the Finance Committee and Website Committee. A public hearing and action will take place at the December 20, 2005 Council meeting.
Chair noted tonight was the official notification for changes to the Council Rules and Finance and Website Committees.
Councilor Upham asked for more information from Paul White on the Planning Board’s requirements for the Rivers Edge project and consent decree. The Manager agreed to speak with Mr. White about this matter as well as Attorney Dale and set up a meeting. Paul White said the Planning Board approved the plan which was not a zoning issue and he was asked to mediate between the applicant and Planning Board. Councilor Upham said people are being held up through no fault of their own and asked for more information in a timely manner.
Workshop Status-November 21 Workshop Report
· Discussion of Council Rules: amendments to Website and Finance Committees, and revisions to other sections including renumbering
· Brief discussion of Order # 99
· Scheduled a presentation with the engineers re: Wellhead area
· Reviewed CIP: upgrades to the telephone system. The Manager will contact Pine Tree Networks for alternatives
· Space needs: more information was requested including total town space requirements and the former post office building
· Library Expansion: basement option
· CIP expenditures: future spending on Stimson Hall will be held off pending the report on the Town’s space needs
· Order #99 will be added to and voted on at the Council Meeting on December 20th
Fifth Order of Business:
Additions to the Agenda
None
Sixth Order of Business
Public Discussion of Non-Agenda Items.
Pam Wilkinson, Birchwood Road reported Little Sebago Lake Association met in Auburn and discussed milfoil and the effects to area lakes. Volunteers and the DEO shared information and the association also hired an engineering firm to survey vegetation and growth. There are 80 acres of milfoil in the lake currently with 20 acres being dense milfoil. The state will be working with the association on an action plan. One boat has been donated but more are needed. There are students that are working on this as well as many volunteers. The association will be asking the town for money to help get this serious problem under control once the action plan is formulated.
Ms. Wilkinson reported on the work the ORC is doing and supported working on the ordinance. Wellhead 1 and 2 and changes to the VC zone can be implemented. The lifting of criteria in the VAP zone should be lifted which will result in conforming lots.
David Knudsen asked for an update on Hunts Hill Bridge. The Chair reported the bridge opened last Friday and the work is complete.
Seventh Order of Business: ORDERS AND ORDINANCES
Order #46 -[First Reading] Review and act on the proposed Agritourism ordinance and uses in the Town of Gray. Sponsor- Town Council
Councilor Crane moved to act on the proposed Agritourism Ordinance.
Councilor Welch seconded.
Chair Foster thanked both Craig Denekas and Paul Pietropaoli for their work and patience with regard to the new ordinance. Paul was thanked for helping the committee with the writing and the revisions.
Councilors Duda and Crane said they were in support of the ordinance moving forward.
This item will be added to the Council agenda on December 20th. The Planning Board will hold a public hearing prior to that meeting.
After checking with the town attorney, the Planning Board is required to hold a public hearing. Tonight’s approval is for the First Reading. The Manager added the Planning Board’s public hearing will be on December 22nd with a second reading scheduled for the January 3rd Council Meeting.
Pam Wilkinson voiced her support and said it was a great step for the town with many safeguards built in to it.
Ralph Wink, Depot Road and Vice Chair of the CEDC said he supported Agritourism and the committee had discussed the need for lodging facilities in town for many years. CEDC tried to contact hotels but the answers they received were negative – many hotels did not think the area could support them. The proposal by Libra will be a positive one for the town.
Craig Denekas thanked the Council and noted the concept was actually born from a CEDC meeting – a grassroots idea that has come to completion. He thanked the Manager for the informative article that he distributed regarding agritourism.
There were no other comments.
The vote was unanimous, 5-0.
This action requires a majority vote after an opportunity for public comment
Order #47- Review and act on the renewal application of the automobile recycling (salvage) yard for Kevin Kimball D/B/A Kimball’s & Dube’s Garage, Inc.
Sponsor- Town Manager
Councilor Welch moved to renew the application for automobile recycling for Kevin Kimball, DBA Kimballs’ and Dube’s Garage, Inc.
Councilor Duda seconded.
The Manager reported all requirements have been met. There was no public comment.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment
Order #48- Review and act upon the appointment of D. Boe Hamilton for the position of Alternate on the Library Board of Trustees, for a three year term ending June 30, 2008. Sponsor- Town Council
Councilor Duda moved to act on the appointment of D. Boe Hamilton as alternate on the Library Board of Trustees for a three year term ending June 30th, 2008.
Councilor Welch seconded.
There was no public comment.
The vote was 5-0.
This action requires a majority vote after an opportunity for public comment
Order #49- Review and act on the issuance of the annual waste hauler’s license to Almighty Waste of Auburn for the year ending June 30, 2006
Sponsor- Town Manager
Councilor Duda move to act on the annual waste hauler’s license to Almighty Waste of Auburn for the year ending June 30, 2006.
Councilor Crane seconded.
The Manager reported the application was received and there was a disagreement as to where the materials are to be deposited. The matter has been resolved but delayed the process for licensing. Councilor Welch asked if the town was still bound legally to uphold flow control and if RWS has eliminated that requirement. The Manager replied that the Town does not have to deliver to RWS’s station and any reference to flow control is null and void. Councilor Crane asked if the application should be reviewed at Public Safety and ORC. The Manager explained without a license, the applicant can not do business and that licenses are reviewed and approved at the Council level.
There was no public comment.
The vote was unanimous, 5-0.
This action requires a majority vote after an opportunity for public comment
Order #50- Review and act upon the appointment(s) to the Ordinance Review Committee as a result of the vacancy created by the resignation of Mr. Bill Getz, a regular member. Sponsor- Town Council
Councilor Welch noted the agenda didn’t include an additional applicant and suggested the Council act on David’s appointment while posting notice for Pam’s appointment. asked for consideration to amend the order to include Pam Wilkinson and David Knudsen for the vacancy on the ORC. Amend the order to include David Knudsen and Pam Wilkinson
Councilor Crane moved to amend the main motion and insert David Knudsen’s name as the appointee to the ORC.
Councilor Duda seconded.
Councilor Welch said the agenda did not include another person and that the Council should only act on David’s appointment. Chair Foster said the Council received two requests and conducted one interview (Knudsen) the order’s preamble was changed from noting Mr. Knudsen to leaving the names out entirely. Councilor Welch said the First Order of Business included David’s interview and it was published that way. Procedure and consistency should be followed.
Councilor Crane moved to amend the motion and act on David Knudsen’s appointment to the ORC.
Councilor Welch seconded.
The vote was 4-1 (Upham opposed) on the amendment of the motion.
Councilor Upham stated that while he personally liked Mr. Knudsen, it troubled him that he did not submit an application. Councilor Welch said there isn’t a requirement for that in the Council Rules. Councilor Foster said he could not see anything that notes an applicant needs to reapply to a Committee. Councilor Duda said she remembered other committees having former members return that did not reapply. Councilor Upham explained that prior to the expiration of their term, members need to state if they wish to submit a request to stay on the Committee.
The Manager said that procedure has been, the alternates are asked if the wish to step to a full position when a vacancy becomes available.
David Knudsen stated it made no sense to him to committee members which the Town can not afford to lose. Mr. Knudsen cited his years of dedication to Public Safety, Zoning and Ordinance Review committees having worked on the cell tower, gravel pit and street construction ordinance extensively. It was a too tedious and lengthy to impose the work on staff so much of the work was drafted and edited at his home.
Brad Fogg, a member of the Cable Committee commented that both Pam and David have contributed enormously to the town and that there is a problem in filling many town committee vacancies. If a citizen that has been serving as an alternate – when a vacancy occurs -they should be able to advance to a full position. To do otherwise would be an disservice to them as they were appointed to the committee in the first place.
Councilor Foster said both candidates are qualified but there is no formal policy in place to move an alternate up to a full position.
The vote was 3-2 (Duda, Upham opposed) as amended.
Ms. Wilkinson noted Bill Getz’s resignation was received on November 20th and she assumed the alternate would have the opportunity to fill that position. Pam said she was under the impression the opening would need to be advertised on the next agenda so she did not make her intentions known that she wished to fill the position. When she received word that there was an application in for the position, she emailed her intentions. Pam said she thought it was inconsiderate that the alternate was not given consideration and felt she should not have to fight to serve on the town’s board. Ms. Wilkinson noticed the Council that she was giving her formal notice of resignation from the ORC this evening.
Chair Foster stated that supported Pam’s contribution but in light of the absence of a formal policy, he could not act otherwise.
This action requires a majority vote after an opportunity for public comment
Eighth Order of Business
Council Action Items, Assignments and Issues Status:
White Paper re: Zoning from the ORC- 11/15/05
Informational Pkg to applicants for the Village Plan Advisory Committee-11/15/05
Pennell Legal status, time frames and decision for type of trial- 11/15/05
Comprehensive Plan copies to ORC-11/15/05
Jon Barton and standards for fire protection-Planning Board-11/15/05
Planner report-Separate development values past 12 months & fees-11/15/05
Agritourism and set backs for facilities.-11/15/05
Capacity for the crystal lake culvert replacement- 11/15/05
Egypt Road Bridge and guard rails replacement costs-11/15/05
Training for this year-provide schedule-11/15/05
Recreation website- when?-11/15/05
Time of staff allocation for committee work- PB, ORC, Council, ZBA, PS-11/15/05
Create the business case for the for the proposed PS addition-11/15/05
Provide a copy of the statutes re: the Road Commissioner-11/15/05
Copy of the Wellhead Delineation report-11/15/10
· Develop the December 12 Workshop Agenda
· MDOT presentation
· Library scope of work and costs for library expansion basement
December 20 Council Meeting Agenda
· Liaisons for Website and Village Master Plan Committees
The Manager reported he had spoke with Bill Dale regarding advancing the process on the Pennell case. Councilor Upham asked that the Council be provided any information pertaining to the case.
Councilor Duda requested a copy of the Comprehensive Plan.
Councilor Foster asked the Planning Board members be invited to the January 9th Workshop with Gray Water District and the engineers that have worked on identifying the Wellhead.
The Manager will look into right of way issues and town responsibilities for town culvert maintenance i.e. Crystal Lake. It was noted by Councilor Welch previously that the Town may not have a responsibility to maintain the culverts if they are considered privately owned.
Councilor Upham said he would be working on a general scope of work for the Library and the preliminary costs for the basement expansion. This information will be made available at the Workshop on December 12th.
Councilor Duda suggested picking a date to address tax acquired properties.
It was agreed to address the issue in early spring.
Ninth Order of Business: Adjournment
The meeting adjourned at 11:14 p.m.
Respectfully submitted,
Janmarie Castagna Bourret
Recording Secretary
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