Town Council
Meeting Minutes
December 20, 2005
Present: Town Councilors Gary Foster, Andy Upham, Skip Crane, Denise Duda and John Welch
Town Manager Mitchell Berkowitz
Others: Matthew Bourne, Sue Poulin and Russ Jeffords
Chair Gary Foster called the meeting to order at 7:03 p.m.
*Two corrections were noted on this agenda:
Matthew Bourne as a regular member of the Recreation & Conservation Committee for the term ending June 30, 2008 *2007.
Order #53: Review and act upon the appointment of Matthew Bourne as a regular member of the Recreation & Conservation Committee for the term ending June 30, 2008. *2007. Sponsor- Town Council
First Order of Business
Public Comments of Non-Agenda Items
Sue Poulin and Russ Jeffords, Route 115 residents were introduced. Ms. Poulin discussed her recent experience surrounding her planned event for an annual Christmas party she was hosting at Stonehedge. Ms. Poulin explained she had spoken to the Recreation director Dean Bennett and offered the use of her farm for a party. Mr. Bennett later informed the owners that the Manager would not allow the party to be held because of issues surrounding the use of the property for commercial purposes. Ms. Poulin added that her attorney did not see the use falling under a commercial venture and that the party was to be free of charge to Gray area children.
Both Ms. Poulin and Mr. Jeffords stated they have paid money for permits and have been trying to work in conjunction with the town for events held on their historic farm. The sleigh ride event for foster children raised the issue of a commercial use. Ms. Poulin explained that the taking of money does not constitute a commercial use and that once the farm falls under the agritourism use it will be in compliance with the town.
Mr. Berkowitz explained that in the RRA zone commercial/indoor/outdoor use requires Planning Board site plan review.
The Manager confirmed that when the agritourism use is in effect, site plan review will not be required for activities at Stonehedge.
Councilor Duda asked for a copy of the letter Stonehedge received from Windham Land Trust. The Manager noted the land trust issue was not in the town’s jurisdiction.
Second Order of Business:
Presentation: None
Public Hearing: To take public comment on the application for a victualer’s license for Mainsusa Corp. D/B/A Subway.
There were no comments from the public.
The Public Hearing was closed.
Public Hearing: To take public comments on the proposed changes to the Council Rules.
There were no comments from the public.
The Public Hearing was closed.
Interview: Matthew Bourne as a regular member of the Recreation & Conservation Committee for the term ending June 30, 2007.
Mr. Bourne was introduced. Councilor Duda asked about any potential conflicts of interest that would prevent Mr. Bourne from serving on the Committee. Mr. Bourne confirmed there were no conflicts other than the responsibilities of his small business may cause him to miss a meeting or two. Mr. Bourne added he had a stand-in person him up in the case of an absence. Councilor Duda thanked Matthew for serving and said he was more than qualified.
Third Order of Business: ORDERS
Order #51 - Review and act on the changes to the Council Rules to incorporate the amendments in the Finance Committee and the addition of the Website Committee. Sponsor- Town Council
Councilor Upham moved to act on the changes to the Council Rules.
Councilor Crane seconded.
There was no discussion or public comment.
The vote was 5-0.
This action requires a majority vote after an opportunity for public comment
Order #52 - To review and act on the application for a victualer license for Mainsusa Corp. D/B/A Subway. Sponsor- Town Council
Councilor Upham moved to act on the victualer license for Subway .
Councilor Duda seconded the motion.
There were no public comments.
The vote was 5-0.
This action requires a majority vote after an opportunity for public comment
Order #53- Review and act upon the appointment of Matthew Bourne as a regular member of the Recreation & Conservation Committee for the term ending June 30, 2008. Sponsor- Town Council
Councilor Duda moved to appoint Matthew Bourne as a full member of Recreation & Conservation Committee.
Councilor Welch seconded.
There were no comments from the public.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment
Order #-54 Review and act on the appointment of council liaisons to the following committees:
Village Master Plan Advisory Committee- Andy Upham
Recreation and Conservation Committee- Denise Duda
Website Committee- Skip Crane
Councilor Upham moved to act on the appointments of council liaisons to the Village Master Plan, Recreation and Conservation and Website committees.
Councilor Duda seconded.
There were no comments from the public.
The motion carried 5-0.
Fourth Order of Business:
Approval of December 6, 2005 Town Council Minutes
Councilor Duda moved; Councilor Crane seconded.
Corrections:
Page 22, par. 3, The Manager said that procedure has been, the alternates are asked if the they wish to step to a full position when a vacancy becomes available.
Page 22, par. 3: To do otherwise would be an a disservice to them as they were appointed to the committee in the first place.
Councilor Duda moved to approve the minutes as amended.
Councilor Crane seconded.
There were no comments from the public.
The main and amended motions carried unanimously, 5-0.
Approval of December 12, 2005 Workshop Minutes
No action taken.
Fifth Order of Business:
Reports from the Council Chair
Christmas Message
Before we adjourn, as this is our last meeting of the year and the Christmas season is upon us, I take this opportunity to wish everyone a very merry Christmas. As its name implies, for the majority of Americans who are Christians, this is a most joyous occasion as we celebrate the arrival of our savoir.
This is also the time of year when those of other beliefs observe and celebrate significant occasions or events of their faith, and I wish to extend season’s greetings to all of you as well.
Many of our men and women in uniform will be away from their families during this Christmas season as they defend our freedom and keep us safe here at home. This is just one of the many sacrifices they are willing to make to ensure that we remain a free country with liberty and justice for all.
As we join our families to share in our celebrations, please take a few moments to recognize and appreciate our armed service personnel, each and every one of them, who are willing to take the risks and make the sacrifices so that we may enjoy our freedom, our families, and our faith. Keep them in your hearts, and pray for them and their families and for their safe return.
Have a happy and safe holiday season.
Sincerely,
Gary Foster
Chair, Gray Town Council
Reports from the Town Manager
Town Manager’s Report
Tuesday
December 20, 2005
County Officials Review Redistricting:
Believing that Cumberland County Commissioners might be able to improve the representation of constituents by increasing the number of commissioners, they have distributed their report and survey. Copies are available through the Town Offices and we are also the receiving point for completed surveys.
Transportation Forum:
On October 27 Town Planner Dick Cahill attended a Southern Maine Regional Transportation Forum in Scarborough. He returned with some printed materials. The most important point of this forum was that the MDOT now relies on the various corridor coalitions for their input into future work. Gray belongs to the Central Corridor Coalition which now consists of Portland, Westbrook, Windham, Falmouth, Cumberland, North Yarmouth, Gray, Pownal, New Gloucester and Raymond. The meetings held monthly are critical if Gray and our neighbors are to continue to move towards a better transportation network in our region. The Forum also reviewed the general results of their transportation public opinion survey. A total of 347 responses were received. Respondents key priorities in that survey were:
Passenger Transportation- bus and rail
Alleviate congestion in community centers with by passes
East-West Transportation connection improvements
Connectivity between various transportation modes
Community amenities, such as pedestrian and bike path improvements
Rt. 26 Bypass Project:
The project that all have been waiting for will be advertised starting tomorrow, December 21, 2005. The Rt. 26 Bypass project is now moving forward according to Mr. Guy Whittington, Project Manager. The Department hopes to have several contractor bids to review. The final award should occur likely in February, 2006 allowing the work to commence pending the notice to proceed.
On behalf of all the employees of the Town of Gray, we extend to the Community our wishes for a Merry Christmas, Safe and Happy New Years, Happy Channukah, Enjoyable Kwanza, peaceful Ramadan and Holiday season as we come to the end of 2005.
Respectfully Submitted,
Mitchell A. Berkowitz
Town Manager
Sixth Order of Business:
Committee Appointments and Resignations
· Fran Monroe: Village Master Plan Committee
· Jeannie Adams: Village Master Plan Committee
· Elizabeth Beck: Village Master Plan Committee
· Wayne Wood: Ordinance Review Committee
Leo Credit applied to serve on the Village Master Plan Committee. Ron Lydick also expressed an interest to serve on the same committee. Letters will be sent explaining to both Mr. Credit and Mr. Lydick that they may serve on the Committee as non-voting (exofficio) members. Town Committees are limited to residents of the Town of Gray.
Committee Reports
Councilor Crane reported the Gray Business Association met last Thursday at the YMCA at Pineland. The Committee has decided to meet at various locations and discussed a proposal that would incorporate New Gloucester businesses into the group. Representative Susan Austin attended this meeting and the YMCA provided a tour of the facility.
Councilor Upham attended the Library Trustees meeting in Councilor Duda’s absence. Information that was discussed (at a previous Workshop) regarding the Library expansion was provided to the trustees. The Planning Board agreed to meet twice monthly, with one meeting set to discuss the ordinance. The Zoning Board of Appeals discussed holding a workshop to discuss zoning. Councilor Upham noted the ZBA is in need of new members. Councilor Foster noted the ORC was in favor of holding a joint meeting with the other boards.
Chair Foster attended the Regional Waste Systems meeting on December 15th. Cumberland County Fire Chiefs discussed a proposal that would locate a training facility on RWS’s ashfill. The Executive Committee supported the proposal and the full board will meet in January to vote on it. Mark Arenti presented the results of the stack tests. Lower mercury readings were reported with a 95% mercury elimination from the stacks.
Councilor Crane noted next week’s Public Safety Committee meeting is canceled. He asked the Manager to provide the Council with a summary when staff attends committee meetings.
Council Correspondence
Councilor Foster read the following emails he received.
From Sue Poulin and Russ Jeffords:
Sue and Russ again, We are quite distressed by some of the misquotes in the Monument this week and will take them up with Elizabeth. However the most distressing is the impact Mitch`s meddling has had on a Christmas party for the 10 homeless children from the place group homes. The article did not say that Mitch had forbade the Rec Department to have the town party here. changing the date, causing Heather at Stillbrook farm to take another booking on that date, and then had the audacity to go to her and ask how she was being paid. She has charged us full dock for the rental on our St. Jude benefit and then wanting an additional $250 to come back Sunday morning and give these kids with no home for Christmas a sleigh ride and a chance to see the horses. We have been trying to get donations for their stockings and cannot in addition raise
this money so will be using our tractor for the children the next day. To be honest. I think the town of Gray and its manager should today, call Heather and agree to pay for the sleigh ride for these kids, and Make up for this travesty. The true story will be told, so pick your ending. Use the $250. we paid the town for a totally unnecessary. unjustified~gathering permit. The end of the story is in your hands.
From Bill Hughes:
As a citizen of Gray, a regular user of the library, and as someone who voted to support the development of a new library last year along with a majority of my fellow citizens I am offended by the suggested “alternative”. This town needs to look to investing in its future and not wasting money on short term solutions that only cost us more money in the long run. The history of the school department is a primary example. Your loss of private support is embarrassing, and I can assure you I am one person who makes my vote known. I urge you to work to develop a library for the future that everyone can be proud of in this community. I also want to take a moment and compliment the people who maintain our roads. All you have to do is drive from Yarmouth to Gray in a snowstorm and know who does the best job. Thank you for considering
my opinion.
Bill Hughes
From Pam Wilkinson:
December 19, 2005
Dear Council Chair Gary Foster,
I have had time to reflect on the council’s decision not to accept my request as regular member. Here are the facts:
November 20th Bill Getz provided a written resignation from ORC
Nov 28th Gary Foster met with Mitch to formulate Town Council agenda for December 6th
Nov 29th Phone call made to me by Mitch with chair Gary Foster’s permission. I was informed that Gary Foster had received interest from Dave Knudsen to be regular member only and if I was interested I should submit a request Nov 29th I made formal email request to Gary Foster cc’d to all the council members. To date no formal written request given by Knudsen.
December 3rd ORC meeting no discussion of regular replacement during meeting. Discussion took place after meeting with chair Foster stating that the council did not have to follow past procedures with regards to first inviting alternates to become regular members.
December 6th’s Agenda and media announcement reflected generic description of Council’s intention to have an ORC regular member replacement
December 6th Town Council Order had one person’s name on order Dave Knudsen
I am curious why am I considered a substandard citizen? Never in the past has an alternate not first been asked to become a regular member prior to advertising or accepting a request from the public. Council had not even formally accepted Bill Getz’s resignation and there was an Order for the replacement. How in the world did you ever think not to ask those who were alternates on ORC prior to addressing other requests? Will this be standard practice in the future or am I the only segregated citizen of Gray selected to have your second no vote of confidence. The issue of how to accept replacements on committees was not addressed at your workshop level after your last meeting. I truly do not believe this needs to be a written policy unless everything that is common sense needs to be
written down. Your words, “We do not have to accept alternates as regular members” clearly indicate you had an ulterior plan all along not to include my request. Why else would all the councilors have my written request prior to the meeting and not question why my name was not added. What was the rush? ORC has plenty of members including the alternates. If there was an error with not including both names, council should have postponed the decision and properly accepted the resignation, properly informed the public and allow for replacement in its usual format. Dave Knudsen has been a valuable player in the past but my mind wonders if he was an alternate and I had requested to only be a regular member or nothing at all…would you have allowed that to happen? I can’t condone what appears to be some type of back door selective politicking.
Chair Gary Foster called and asked if I would reconsider my verbal resignation. I love working with the ordinances and zoning of our town and have done so for 25 years. I am able to adapt to changing environments. I truly believe I have past experience and knowledge to assist in the ordinance changes. You stated you were impressed with my suggestions at ORC meetings but that obviously that was not enough for you to consider me as a regular member. With your apology again to me for not realizing how strongly I felt about overstepping the ORC committee alternates, I would ask that Council reconsider their motion at the December 6th meeting at this meeting, postpone a decision until you all have had an opportunity to review the facts and reconsider at a later date. This would allow time to make sure
the process was done appropriately.
If this process is not amicable to the present Council and John Welch was not clear that he heard my verbal resignation, consider this a written resignation if you feel there was a just process at your December 6th meeting.
Sincerely
Pam Wilkinson
The Council discussed whether or not they wished to reconsider Pam Wilkinson’s resignation from the ORC and reconsider their motion that was made at the last meeting.
After a brief discussion, the Council decided not to reconsider.
The Manger presented a letter he received that asks the Council to support increasing the number of County Commissioners. Currently there are three commissioners serving approximately 250,000 Cumberland County residents. The redistricting proposal creates five districts and increases the number of commissioners to five. The Council agreed to support the redistricting and increasing the county’s representation. Councilor Foster noted he would fill out the paperwork and submit it on behalf of the Council by the January 15th deadline.
Council Business
The Council discussed the Recording Secretary’s coverage of the Council Workshops which are now being televised. Due to the length of the Workshops and the detailed coverage of the meetings, the minutes have been lengthy and time consuming resulting in delay.
After discussing the matter, it was decided that the Workshop coverage should highlight the topics in a more general fashion which would still meet state requirements.
Super Saturday:
Councilor Duda and Councilor Welch both supported conducting the meeting over a period of two four-hour sessions as opposed to one eight-hour meeting.
The Council discussed and scheduled the Super Saturday meeting with Town Department Heads for January 21, 2006 at Stimson Hall beginning at 8:00 a.m. Saturday, January 28th will be left open for follow up budget discussions, if needed.
The Manager explained the Council will need to look at the Community Agency budget items and decided which ones this wish to support.
Community Economic Development Committee Discussion:
Councilor Upham said he received more information from the Committee regarding the regulatory quagmire that has been discussed for several weeks. Councilor Upham noted the CEDC had received communication from Dick Cahill regarding a Canadian firm’s interest in locating in town. Mr. Cahill forwarded this information to Walter Hebold who responded to the firm. Councilor Upham distributed a copy of Mr. Hebold’s reply, which he found contained very little information as to what Gray has to offer.
The CEDC discussed the confusing rules associated with the ordinances, zoning and the delays associated with the application process. There also seems to be a void with regard to marketing Gray as a place for business and Councilor Upham wondered if the Council shouldn’t look into exactly what the CEDC is doing, if anything to promote local business. Councilor Welch went over a recent issue that surfaced at Pineland and how the Planning Board caused delays in permitting for a simple matter surrounding portable potties. He discussed how New Gloucester has a much easier process
Councilor Duda suggested a joint meeting with the CEDC. Councilor Welch suggested the Council look at what tools the Planner has at his disposal when inquires come in from potential business owners. Councilor Foster added that discussions take place that are not centered on promoting Gray and that the other committees do not operate that way. The Council agreed to add this to the January 3rd agenda and to discuss whether or not there is a need to continue with the committee.
Workshop Status
· Gray Water District engineering fee will be paid for two hours (Bruce Fowler)
· Consent Decree and Engineering Peer Review fees and the costs associated with such for applicants.
· Rivers Edge
· Elvin Copp/Route 100
· Library expansion: determining the southern property line, impervious surface expansion and parking
· New Agenda Format
· Schedule meeting with New Gloucester Selectmen
Seventh Order of Business:
Additions to the Agenda
None
Eighth Order of Business: ORDINANCES
Order #99-05-[tabled September 6, 2005]- Review and act on the zoning changes and amended official zoning map of the Town of Gray, per the attached.
Sponsor- Town Council
Councilor Welch moved to remove the Order from the TABLE.
Councilor Duda seconded the motion.
The motion carried 5-0.
Councilor Upham moved to act on the proposed zoning changes and amendments to the official zoning map of the Town of Gray.
Councilor Welch seconded.
The Council agreed there was no support for the Order and agreed with the ORC that the ordinances needed to be reviewed before any new zoning changes are implemented.
Councilor Crane suggested the ORC set a 6 month time frame to accomplish the review and revisions.
There were no comments from the public.
The motion failed to carry, 0-5.
This action requires a majority vote after an opportunity for public comment
Ninth Order of Business
Council Action Items, Assignments and Issues Status:
Chief Jon Barton and standards for fire protection-Planning Board-11/15/05
Summary on standards for subdivisions, cistern requirements, standards and maintenance, sprinkler systems for residential homes.
Setting a target date for completion of action items
Planner report-Separate development values past 12 months & fees-11/15/05
Capacity for the Crystal Lake Culvert replacement- 11/15/05
The Manager updated the Council on the culvert at Crystal Lake. The grate could not be opened but the channel was. If the grate is removed, damage would occur with the culvert. Councilor Welch said that if the Town caused the problem, the Town should be prepared to repair it.
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
Copy of the Wellhead Delineation report-11/15/10
Modify scope of services for the Knights Bridge and report-12-06-05
Gray Water District/Engineer present at Jan. 9, 2006 Workshop-12-06-05
(Invite PB, ORC, Village MP Committee)
Review River’s Edge subdivision with CEO and Councilor Upham-12-06-05 date to be set this week
Copy of SYT Agreement with town of Gray- 12-12-05. Copies were distributed on 12-21.
Establish Meeting date with SYT, Manager, Planner and Councilor- 12-12-05. The CEO will set up this meeting.
Tax Acquired Properties
Development of the January 3, 2006 Council Agenda
· Public Hearings: Agritourism, China Village
· Interviews: Wayne Wood ORC, and three applicants for the Downtown Village Master Plan Committee
· CEDC discussion
· MDOT discussion
Development of the January 9, 2006 Council Workshop Agenda
· Gray Water District Meeting with Planning Board, ORC and Village Master Plan Committees. Engineer will make presentation
· RWS: Contract signing
· Tax Acquired Properties
· Review of Priorities and Issues
Budget response from Departments on fiscal policy: tentatively set for January 17th
Tenth Order of Business: Adjournment
Chair Foster extended holiday greetings to everyone.
The meeting adjourned at 10:50 p.m.
Respectfully submitted,
Janmarie Castagna Bourret
Recording Secretary
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