GRAY TOWN COUNCIL
MEETING MINUTES
SEPTEMBER 6, 2005
6:30 PM Executive Session
Council will go into an Executive Session per Title 1 Chapter 13 §405- Executive Sessions §§ 6 Permitted Deliberation C. “Discussion or consideration of the condition, acquisition …of real property or interest therein…..only if premature disclosures of the information would prejudice the competitive or bargaining position of the body or agency.”
Specifically the Council will be deliberating the strategyrelated to a possible acquisition of the property owned by the Hancock Land Company on Libby Hill.
The Executive Session was called to order by Councilor Crane and seconded by Councilor Upham.
Councilor Upham moved to end the Executive Session at 6:55 p.m.
Councilor Crane seconded to recess until the regular meeting at 7:00 p.m.
Present: Town Council Members: Gary Foster, Andy Upham, Skip Crane, Denise Duda, John Welch
Town Manager Mitchell Berkowitz
Others Present and Speaking: Pam Wilkinson, Pam Edson, Will Burrow, Sandy McDonald, Bill Getz, Chris Dombrowsky
Chair Foster called the meeting to order at 7:00 p.m.
7:00 PM- First Order of Business
Public Hearing: To take public comment, both written and oral, on the proposed Amendments to the Official Zoning Map and corresponding zones as amended on August 16, 2005
Public Comment:
Pam Wilkinson, Birchwood Drive spoke about the history of the zoning changes and encouraged adoption of the proposed amendments to the zoning map. Ms. Wilkinson explained future changes could be completed through the Ordinance Review Committee.
The Public Hearing was closed.
Public Hearing: To take public comment, both written and oral, on the Mass Gathering permit for the 125th Celebration of the Gray Fire and Rescue Association in Cooperation with the Gray Fire and Rescue Department, scheduled for Saturday, September 17, 2005.
The Public Hearing was removed from the agenda by Chair Foster previous to tonight’s meeting. See Order #22.
Public Hearing: To take public comment, both written and oral, on the proposed Charter Amendment to allow for the make up of the Council Finance Committee to have at least one but no more than two citizensplus two Council members. The proposal is to present this to the voters at the November 2005 General Election. (first of two hearings)
Pam Wilkinson asked how many people would ultimately constitute the Committee speculating it would continue as three members per the Council rules. The Public Hearing was closed.
Public Hearing: To take public comment, both written and oral, on the proposed Charter Amendment to allow for the change in the date and time of the Town’s Annual Meeting. The proposal is to present this to the voters at the November 2005 General Election. (first of two hearings)
Pam Wilkinson expressed he support of the change for the date of the annual town meeting. There were no other comments.
The Public Hearing was closed.
Interview: Candidate(s) [Sandy McDonald and Will Burrow] for the balance of this fiscal year to the MSAD#15 representing the Town of Gray.
Will Burrow was introduced. Mr. Burrow explained he has worked previously on advisory boards and has a background in professional education. Councilor Welch asked Mr. Burrows how he felt about the way the district’s money is spent with regard to education. Mr. Burrow noted there was a good balance and that a strong school system needs funding. Having a good school system in place is a critical factor in relocating people to a town. During the last budget cycle the Board was aware that they could not go beyond a modest 5% increase and noted that all budgets are a balancing act with no black or white answers.
As far as the condition of the district’s facilities, Mr. Burrow noted that some of the schools are older buildings that need upgrading and maintenance. There have been improvements made at Russell School. It was noted that this year there would be less additional state aid with fixed costs like health care and heat that are factors beyond the Boards control. It is probable the school tax will increase.
Sandy McDonald said she got involved with the school district because she wanted to know how the dollars were being spent. Sandy said she realizes that it takes money to maintain the schools, to educate and to fulfill state mandates that are imposed on the town. Over the past two years, improvements have been made at Russell School. It is very important to have a capital fund for improvements and maintenance. The current board has taken the steps necessary to make repairs and plan for the future.
Interview: Jennifer MacEachern for the Charles Barker Scholarship Committee for an unlimited term.
Jennifer MacEachern was not present.
Second Order of Business:
Approval of August 16, 2005 Town Council Minutes (Hold until 9/20/05)
The Council discussed and agreed to postpone action on the August 16th minutes until the September 20th Council Meeting.
Third Order of Business:
Reports from the Council Chair
Chair Foster noted he did not have a report for tonight’s meeting but noted there was an executive session held this evening to discuss the Hancock Property with another meeting scheduled for September 20th.
Reports from the Town Manager
By-Pass Project Updates:
The Town has received formal notification from the Maine Department of Transportation of several actions under the category “Notice of Layout and Taking” related to the By-Pass project. The Notice relates to land that will be used for drainage and slopes for the By-Pass or approach ways along Rt. 202/4. Additional special rights and temporary construction rights are included in the Notice. The report is on file in the Town Manager’s Office. The actions are confirmation the project continues to move towards the bidding phase which we were told would be held late this Fall.
The progress of this project will also be the subject of the Central Corridor Coalition meeting scheduled for Wednesday, September 14 at Stimson Hall starting at 6:30 PM.
Fence Work at the Transfer Station:
After receiving proposals from two Fence installers, the contract for the work to furnish all labor and materials and install the fence along the Northerly boundary line of the Transfer Station was awarded to Main Line Fence. The per foot pricing was as follows:
Main Line Fencing- $18.50 40 weight posts and pipe
E.A. Burns Fencing Inc.- $19.93
The work will be completed this fall by the Contractor.
PWD Front Loader Bids Reviewed:
The Town has received bid proposals from five equipment vendors. The Council and the Staff will review the bids at the September 12 workshop along with the Staff recommendation. We are expecting the Council to concur with the recommendation and award the bid at your September 20 Council meeting.
Joint Leaders Meeting:
The next Joint Leaders meeting will be on Wednesday, September 7, 2005 at the MSAD #15 Office Conference Room starting at 7:30 AM. This has been a meeting of the Chair’s of the MSAD, Gray and New Gloucester elected officials, the Superintendent and the Town Managers.
The Tax Rate:
Per state statute, the Tax Assessor, Helen Taylor has completed the valuation work and committed the tax rate for the current fiscal year 2006. Helen will send the certifications to the State as required.
The purpose of this memo is to inform you that the tax rate has been set at $12.40 per $1000 of valuation. This is a reduction of 7.5% over the previous tax rate of $13.40. If the average home is Gray is valued at $190,000 then the savings from last year to this new rate would be $190.00 for the year coming. This savings is due largely to the additional state aid to education funding that reduced the MSAD #15 local appropriation requirements. A word of caution is needed since it has been projected that next fiscal year, 2007, will see a reduced level of the additional state aid for education by as much as two thirds over our current year if previous state calculations were correct.
The tax bills will be arriving to the names and addresses of property tax payers or their agents over the next two weeks. The first installment will be due October 1, 2005 with the second installment due April 1, 2006. The initial tax bill does have two tabs to cover both of these installment payments. There will not be a second billing prior to the April 1, 2006 due date.
Questions regarding the value of one’s property should be directed to Ms. Taylor at 657-3112. Tax payers have 185 days within which they may file an appeal with the Town’s Board of Assessors.
Finance Committee Meeting:
The next Finance Committee meeting will be Thursday, September 15 at Stimson Hall starting at 7:15 AM. The first part of the meeting will be with the Town’s Auditing firm, Runyon, Kersteen and Ouellette and they will discuss the draft audit.
On a related note, we have placed in each Councilor’s mailbox a copy of the County Treasurer’s report on “Overlapping Debt”. This is a reportable item in our annual audit and it indicates that the total County debt is $12,590,000 of which the Town of Gray’s portion is $261,968 or 2.08%.
MMA Insurance Pool Refund:
Gray was recently notified by the Pool that it would again receive a refund dividend check from the premiums paid into the pool. The amount of the refund will be $5,268 and it will be recorded as an additional revenue in this year. This reflects a good loss experience over the past year by the Pool. It includes Workers Compensation, Property and Casualty and Unemployment coverage. The dividend is based upon several different years, experienced loss ratios and a formula based upon when a community joined the Pools. Because Gray met the criteria and was a continuing member prior to July 1, 1998, we enjoyed an extra percentage.
Manager’s Institute:
The focus of this year’s institute was that of “marketing your municipal message”. Through a series of workshops, attendees were exposed to several aspects of marketing that included how people learn, determining your target audiences, clarifying the message and the tools used to market.
Issues and Actions Report:
Rt. 26 Bypass Update- Delivered Sept. 6
Cash Mgt. Report to Council- Merrill Lynch Account- Delivered on Sept 6.
Bridge Construction Schedules- Awaiting one Engineering Firms Inspection
Pennell Superior Court Action- Delivered to the Council on Sept. 3
Bid Specification Schedule- Delivered on Sept. 6
Tax Acquired Properties- List being updated for delivery on Sept. 12
Monthly Financial Report to Council- Finance Committee first receives then Council at their second Council meeting of the Month
Audit related reports- Finance Committee meets with Auditor 9/15; MD&A report being worked on by Manager
Budget Development Guidelines from Council- Council to work on these:
CIP, Target Tax rate, etc.
Policy related Issues- Council to work on these:
Freedom of Access Policy and Procedures
Internet Policy for all
Fees and Charges Review
Growth Management Policy/Ordinance
Incompatibility of Office/Ethics Policy related
Respectfully Submitted,
Mitchell A. Berkowitz
Town Manager
Fourth Order of Business:
Committee Appointments and Resignations
Sandy McDonald and Will Burrow have applied for seats on the School Board.
Richard Hall and Joyce Burrow have applied for seats on the Library Board of Trustees and Jeanne Adams applied for a position on the Finance Committee.
Council Correspondence
A letter was received from Libra Corporation requesting that a portion of Meguire Road be discontinued.
The Gray Business Association requested the use of Stimson Hall for their annual auction to be held this October.
Bill Getz’s letter written on behalf of the ORC will be read under Committee Reports.
Committee Reports
RWS met on August 18th. Kevin Roach reported the sharing rates for carbon would be reduced. The DEP current allows 50 lbs of mercury emissions will be reduced in half.
The Hollis/RWS court case has been settled. The judgment was found in RWS’s favor.
The ORC met on August 1st. The Committee forwarded the Agritourism proposal to the Council for action. Section 402.4 will not have a definition of Agritourism in it but the use will be allowed without requiring site plan review if the conditions are met by the applicant to keep the structures under 5,000 sq. ft. The group also discussed Order #99.
Mr. Getz’s letter was read as follows:
Dear Town Council,
The Ordinance Review Committee reviewed the proposed Zoning Ordinance changes on Thursday September 1st. There were several changes that we would recommend. The most basic would be to combine the Residential/ Business District and the Business/ Residential District. We had some questions about impervious surface and some permitted uses that would require planning board review. There were several other questions. The ORC was not part of the decisions and therefore could only speculate during the review. In general, it does not appear that the changes are ready to be enacted. The ORC voted unanimously not to support the proposed changes and return the Zoning Ordinance to committee for review.
We did approve the changes to the Zoning Board of Appeals section.
We understand that a great deal of time has been spent on these changes. There were several changes that came as early as last week and there was confusion during previous reviews by not having everyone with the same documents. While the
Ordinance Review Committee does not have to give a positive review for this to continue, we do hope that it is your intention to develop the best possible ordinance and not confuse people by rushing this through and “tweaking” it as you go.
Respectfully submitted,
William Getz, Chair
Ordinance Review Committee
Council Business
Workshop Status- Workshop August 24, 2005
The Council discussed and drafted a policy for incompatibility of office in response to an issue that has arisen with the GPLA and Library Board of Trustees.
The Mass Gathering Ordinance was discussed. It was decided the upcoming celebration of the Gray Fire and Rescue Department is a joint venture that is exempt from the requirements of the ordinance.
The Council also discussed reducing the number of Council members on the Finance Committee and other boards from three to one Council members.
Workshop Agenda- Sept. 12--- Review of the Downtown Master Plan Scope of Services and Contract for GPCOG-Dick Cahill
Review of the Front End Loader Bids for the Public Works Department-Steve LaVallee
Review of Pineland Request to discontinue a portion of the Meguire Road.
Review revised agritritourism amendments
Review council rules
Review of tax acquired properties
Fifth Order of Business:
Additions to the Agenda
None
Sixth Order of Business
Public Discussion of Non-Agenda Items.
Pam Wilkinson, Birchwood Drive encouraged the Council to participate in the GBA Auction. She asked about the BTIP and wondered about the area near Dry Mills that is in need of resurfacing.
Ms. Wilkinson reported the Little Sebago Lake Association has been working on the milfoil problem that exists at the lake and members have been education the public about milfoil. Many volunteers have worked on removing branches and improving the conditions at the lake. It is also important to know that waterfowl can transport milfoil from one lake to another.
Pam commented that the workshops have been running rather late and encouraged the Council to continue working hard with attention to time management.
Seventh Order of Business: ORDERS AND ORDINANCES
Order #99 Amended [ Second Reading] To review and act on the amendments and the designation of the official zoning map of the Town of Gray as included in the Zoning Ordinances per the attached with proposed amendments as approved in a first reading by the Council on August 16, 2005. Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment
Councilor Welch moved to TABLE Order #99 in light of the letter received from the ORC.
Councilor Crane seconded the motion to TABLE.
The vote was 2-3 (Duda, Upham and Foster opposed)
The motion to TABLE failed.
Councilor Duda moved to review and act on Order #99.
Councilor Upham seconded.
Councilor Duda explained that she did not want to TABLE the order because it warranted discussion. While there are some problems with the zoning, the paperwork regarding the Wellhead Zone’s delineation have not been reviewed and are necessary before any changes are made so as to avoid further amendments to the Zoning Ordinance. Having zones called RB and BR are confusing and need to be clarified. Councilor Duda said there were still typographical errors in the document and she hesitated to pass it as submitted. The Planning Board has requested a definition for nuisances (as they apply to animal husbandry) be added which has not been done to date.
Chair Foster added that when the Council was presented the zoning package, he agreed with Council Crane that the Council review the entire zoning changes proposed and not just one zone. The only area that is complete so far is the proposed amendment Section 402.32 for the Zoning Board of Appeals; all other areas need more review and simplification.
Councilor Welch said he would like to review the delineation for the Wellhead and Business districts, which he has not yet seen.
The Manager noted that it is difficult for a new Council to pick up where a former Council has left off and at some point there has to be a starting point. The VAP change to VC and the Wellhead 1 and 2 zones were considered to be separate packages by the previous Council. The Chair added that any changes to the Village Zone would require notification and a lot of the work has already been done and can be utilized to help speed up the process.
Councilor Upham said there were citizens that he has not yet heard from regarding zoning and that he was opposed to tabling or amending it. Councilor Upham said he was in favor of taking action on the Agritourism piece only. Councilor Welch said he was not opposed to taking 402,32 as a separate item. Councilor Crane said he was in favor of tabling until the entire package was ready for action. Councilor Duda agreed saying several zone were missing in Order 99 that are important to the entire zoning picture for the town.
Bill Getz commented the ORC members received new data on the wellhead from the engineering firm just recently and their new recommendations are based on that information. The Manager noted that if the Order is defeated it cannot be reintroduced for at least 6 months. Mr. Getz said it would probably take 4-6 months to review the material since the committee only meets once a month. Paul White the CEO has offered his help to the ORC members in working on the zoning because he is involved directly with interpretation and enforcement. Bill said he supported acting on the Agritourism piece separately.
Pam Wilkinson suggested the Council hold a workshop and hold off on voting the order down. While the zones BR and RB are similar the allowed uses in the zones are different. Pam suggested the ORC hold additional meetings to move the process along.
Chris Dombrowsky asked the Council to table the order. Further delays prohibit people from moving to the area and skew the business/residential tax ratio. Currently it is skewed residential, which will impact the town’s budget if it is not adjusted.
There were no other comments.
Councilor Duda moved to reconsider and TABLE Order #99 to allow the ORC to work on the zoning.
Councilor Crane seconded.
The vote was 4-1 (Upham opposed)
Councilor Crane moved to amend the motion to TABLE to allow the Planning Board, ORC and Council to complete revisions within the next six months.
Councilor Welch seconded the amended motion
The vote was 4-1 (Upham opposed)
Order #99 was TABLED.
Order #18- Review and act upon the appointment of Jennifer MacEachern for the Charles Barker Scholarship for an unlimited term. Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment.
Councilor Duda moved to TABLE action on the appointment of Ms. MacEachern until an interview of the applicant is conducted.
Councilor Welch seconded.
The motion carried 5-0.
Order # 19- [First Reading]To review and act on the proposed Charter Amendment for the November 2005 Election seeking voter approval to amend the Town Charter to allow the appointment of non-council member(s) to the Council Finance Committee. If the Ballot is approved the effective date of the amendment shall be immediate.
Sponsor- Town Council
Councilor Crane moved to act on the First Reading for the proposed Charter Amendment seeking voter approval to amend the Charter to allow the appointment of non council members to the Finance Committee.
Councilor Duda seconded.
Councilor Upham suggested adding criteria for those citizens interested in serving on the committee since the group handles specific tasks such as auditing and tracking.
Councilors Foster and Crane suggested the duties be decided on later and noted the reason for more citizen involvement is to provide a broader range of input on the committee. Councilor Welch said he would like to see the citizens be chosen by the Council and would like the wording to clearly state that.
Councilor Welch moved to amend Order #19 as follows:
1. Establish, appoint and maintain a finance committee of which at least one member shall be chosen from among its members, and any and all other members chosen by appointment of citizens registered to vote in the Town of Gray.
Councilor Crane seconded.
There was no public comment.
The amended motion carried unanimously, 5-0.
Discussion on the main motion:
Pam Wilkinson said she supported the Order and suggested the package follow with a Council Rule change so that Board members are aware of their duties and roles on the Committee. Councilor Foster said the roles would not change for Board members. Ms. Wilkinson said that the wording should be perfectly worded in keeping with the Councils policy. Councilor Welch said the Council would discuss the matter on September 12th and was moving to get this to the voters for approval. Ms. Wilkinson said the expectations for the group should be set first.
There were no other comments.
The main motion carried unanimously, 5-0.
This was the First Reading.
This action requires a majority vote after an opportunity for public comment.
Order #20- To review and act on the appointment of a replacement to the MSAD#15 Board of Directors from the Town of Gray to fill the vacancy created by the resignation of Heather Skillings. Sponsor- Town Council
Councilor Welch moved to nominate Sandy McDonald for the MSAD #15 open position. Councilor Upham seconded.
A motion made by Councilor Crane and second by Councilor Upham closed nominations.
The votes were unanimous 5-0.
This action requires a majority vote after an opportunity for public comment.
Order #21- [First Reading]To review and act on the proposed Charter Amendment for the November 2005 Election seeking voter approval to amend the Town Charter to allow a change in the date and time of the annual town meeting. If the Ballot is approved the effective date of the amendment shall be immediate.
Councilor Crane moved to act on the proposed Charter Amendment that would allow a change in the date of the Annual Town Meeting to the first Saturday in May with the time of the meeting to be set by the Council
Councilor Upham seconded.
Pam Wilkinson said she was in favor of the May date.
Pam Edson, Fairview Avenue asked if the Council could consider changing the Saturday date to a weekday evening because many parents have sports events with their children on Saturday mornings. Councilor Foster explained that the surveys received from the citizens supported a Saturday meeting.
The vote was 5-0.
This was the First Reading.
Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment.
Order #22- To review and act upon the application for a Mass Gathering license for the 125th Anniversary celebration by the Gray Fire and Rescue Department and the Gray Fire and Rescue Association. Sponsor- Town Council
Councilor Welch suggested the Order be amended to reflect a resolution made by the Council and moved to amend.
Councilor Crane seconded.
The vote was 4-1 (Upham opposed)
Councilor Upham moved to amend the Resolution by deleting the words “sponsorship and”. Under the Town Ordinance, Section 215.2.A.1.b. this event comes under the Exception to the requirement for a Mass Gathering License since the event comes under the sponsorship and direct supervision of the Town’s Public Safety (Fire and Rescue) Department.
Councilor Duda seconded.
The amended motion carried unanimously 5-0.
Councilor Welch moved to amend the motion as follows:
It is now herby ordered resolved by the Gray Town Council as follows:
This Order Resolution shall be in full force and effect from and after passage.
Ordered Resolution accepted this, the 6th Day of September 2005 by its Town Council.
Councilor Crane seconded the amended motion.
The motion to change the Order to a Resolution carried 4-1 (Upham opposed).
Councilor Foster explained to Pam Wilkinson that the American Legion also falls under the exemption.
Councilor Crane asked the Manager no funds are expended other than the normal fees for the celebration event.
This action requires a majority vote after an opportunity for public comment.
Order #23- To review and act upon the proposed amendment to the Council Rules by inserting a subsection entitled, “ Incompatibility of Office” under Section 602.32- Council Appointments. Sponsor- Town Council
Councilor Crane moved to act on the proposed amendment to the Council Rules.
There was no second to the motion.
The Chair noted that the Order failed due to the lack of a second.
This action requires a majority vote after an opportunity for public comment
Order #24- To review and act upon the Council Liaison assignments for John Welch.
Councilor Upham moved to act on Council Welch’s liaison assignments to the Dry Hydrant, CEDC, Cable and Solid Waste Committees.
Councilor Duda seconded.
There was no further discussion or public comment.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment
Sponsor- Town Council
Eighth Order of Business
Council Action items and Assignments
The following items were listed:
· CIP
· Tax Acquired Properties
· Status on projected date for Pennell Court Case
· MSAD meetings to discuss Pennell. Involvement with the Library Board of Trustees, Historical Society and GPLA on how to proceed
· Zoning changes: working with ORC, Planning Board and ZBA with regard to zone changes; accelerate meetings
· Administrative code review
· Policy for the Freedom of Information Act.
Ninth Order of Business: Adjournment
The meeting adjourned at 10:12 p.m.
Respectfully submitted,
Janmarie Castagna Bourret
Recording Secretary
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