MINTUES (DRAFT)
Gray Town Council
November 11th, 2008
Roll Call
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Tracy Scheckel, Margaret Hutchins
Town Manager Deborah Cabana
Pledge of Allegiance to the Flag
Others present and speaking: Gary Foster, Karen White, David Lourie, Al Palmer, George Thebarge.
Minutes from Previous Meetings:
Approval of October 21, 2008, Town Council Minutes
Councilor Scheckel moved; Councilor Sturgis seconded.
Ordered the Gray Town Council approves October 21, 2008 Town Council Minutes as corrected.
Councilor Gellerson commented that on page 1, Fire Chief Plummer’s name is misspelled.
5 Yes
First Order of Business:
Councilor Gellerson commented on the long agenda items and asked the public to make comments on
particular items such as TwinBrook at the next meeting in December.
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Gary Foster commented on the significance and importance of Veteran’s Day and gave the historical
origins of the holiday.
Councilor Gellerson commented that the USS Portland’s stern mast will be rededicated tomorrow at a
Veteran’s Day.
Karen White, West Gray Rd. is encouraged by the work with the Council and commented on the early
childhood education work and gave them a report on the program.
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson commented on a letter from Susan Austin from the DOT on the Route 115 issue and asked what more ought to be pursued. Councilor Grover asked that the Public Works Director consider this issue in future budgeting. Councilor Sturgis believes that a dialogue should somehow continue but keep the financial impacts in mind. Town Manager Cabana indicated that they have met with GPCOG and others and indicated that Route 115 was emphasized, but there doesn’t seem to be support at this time. She also stated that she has written a letter to the Gray Water District. Councilor Gellerson suggested communicating with the new state senator Jerry Davis.
Reports from the Town Manager:
Town Manager Cabana expressed her gratitude to the election officials and staff for their efforts for the election. There was a record turnout this year of over 4,000 voters. She believes that it was an estimated 85% turnout and read the results. She also stated that on December 6th, there will be a rabies clinic and dog licensing. Nathan Tsukroff of Tsukroff photography will also take photos of your pet for $10 and donate part of the proceeds to a couple of pet charities.
Committee Reports:
Councilor Grover indicated that the Library Trustees Committee met and indicated that they are doing research on downloading audio books and also working on the lowly books projects. He stated that the committee requests a town email address to make it clearer to communicate. He stated that they would like to volunteer to be the first committee to make a presentation for the January 10th Council meeting.
Councilor Scheckel stated that CEDC has not met and will be meeting on November 18th and not on November 19th.
Councilor Hutchins indicated that Public Safety has met and working on the Parking Ordinance.
Councilor Gellerson stated that ZBA met last month and will not be meeting in November.
Town Manager Cabana reminded the group about the Volunteer recognition dinner on Nov. 21st.
Gary Foster stated that the EcoMaine symposium will be on November 20th. He stated that the recycling and commercial waste is down dramatically. The commercial waste includes private haulers and is 10% of what it was from last year.
Council Correspondence:
Councilor Grover indicated that he received an inquiry on the status of the Hannaford project.
Town Manager Cabana indicated that they have purchased all the properties, and the permit is in progress and should break ground in the Spring.
Al Palmer stated that Hannaford has received their bids and planning on starting excavation this winter and is moving forward.
Third Order of Business:
Interviews:
Presentations: Planning Consultant presentation regarding Twinbrook
Councilor Gellerson reminded the audience that public questions on this issue be done at the December
2nd Council meeting.
George Thebarge gave an overview based on an executive summary he has submitted to the Town and
Council. He read the overview and commented on the work that has been done and items that have not
been completed. He gave a description of the items not completed and the violations that remain and
that needs to be addressed.
He did indicate that there is an ongoing court process on some past Zoning Board decisions and listed
them. He recommends that these issues not be addressed by the Town until the court makes a decision.
Councilor Grover commended George Thebarge for his work. He stated that he would like to see justice
on this issue (IE: Ordinances are enforced and that the process is followed when there are
disagreements).
Councilor Sturgis asked if there is only 1 well supporting these sites. George stated that at present there
is but there has been a request for another and that DEP and Health and Human Services issues on water
should be followed carefully. Councilor Sturgis also asked about the owner’s participation. George
Thebarge stated that he only did fact gathering and did not do any negotiating and that this should be the
work of the Town to continue further.
George Thebarge indicated that this issue is very difficult as this is a grandfathered use of this property
and understands why this remains a complex issue. He commented on the base map from 1993 to help
clarify the issues, progress and problems. Councilor Sturgis asked about the legal case impacting the
front area of the campground site.
Councilor Gellerson asked about the consent agreement. George Thebarge stated that he spoke to an
MMA attorney and has been told that the consent agreement is a legal binding document and has impact.
He proposes a consent agreement and it is enforceable with an orderly process. He also indicated that
there should be accountability. Councilor Gellerson asked what would happen if the owner doesn’t
cooperate. George Thebarge stated that Rule 80K would go into place, but recommends that the Town
consults with its Town Attorney. There was a discussion on buffer zones and what options exist.
Questions on septic, site 13, erosion and how the site appears were asked and answered.
Town Manager Cabana asked for direction from the Council on that they would like for the December
2nd meeting. She stated that Bill Dale cannot represent. There was a discussion on options. The
suggestion was to have the Town Manager work with the CEO and legal counsel on drafting something.
George Thebarge reminded the Council that public input would be helpful to help the Town Manager
with the next steps. The consensus was to have the Town Manager get an attorney, work with the
appropriate staff and get public input with George’s report as a guideline.
Public Hearings:
1) A proposal to amend Chapter 401 (The Subdivision Ordinance of Gray) by replacing it in its entirety with a new ordinance, based on a model published by the State Planning Office.
2) A proposal to amend Chapter 402 (The Zoning Ordinance of Gray) by reorganizing the current Zoning Ordinance to make it more consistent and adding new procedures and standards for Planning Board approval of conditional uses and site plan review.
3) A proposal to amend Chapter 405 (The Parking Ordinance of Gray).
Item #3 moved to December 2nd meeting.
4) Proposed Liquor License renewal application for Wayne Pollard d/b/a Jess ‘N’ Nics Pizza and Sandwich Shop, located at Route 100 Gray Plaza.
5) Proposed renewal applications for Liquor License and a Special Amusement Permit for McAllister Properties LLC d/b/a the Tailgate Bar and Grill, located at 61 Portland Road.
6) Proposed Liquor License renewal application, as well as Games of Chance which include Bingo for American Legion Post #86, located at 15 Lewiston Road.
7) Proposed General Assistance Ordinance Appendices A-C, as proposed by the State of Maine.
Gary Foster commented on the 401 and that ORC is still continuing its work on 402. He commented on the backlot revision that ORC did about 2-3 years ago and recommends that the Council consider this item.
Fourth Order of Business: ORDERS
Item #038-09 To review and act upon approving the contractor for the sidewalk improvements for the “Clark Block” project.
This action requires a majority vote after an opportunity for public comment.
Councilor Hutchins moved; Councilor Scheckel seconded.
Ordered the Gray Town Council approves Southern Maine Siteworks for the sidewalk improvements for the “Clark Block” project.
Councilor Grover asked Al Palmer about the underground utilities change.
Al Palmer stated that the underground utilities change will have services overhead, but remove the pole in front of the Clark Block. They met with CMP and Pine Tree Networks to discuss options. This will save on the budget. He indicated that they will likely ask for an amendment on the signalization etc, but are waiting to hear from DOT.
5 Yes
Item #048-09 To review and act upon the Cumberland County Communications Services Contract.
This action requires a majority vote after an opportunity for public comment.
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered the Gray Town Council authorizes the town manager to enter into an agreement with Cumberland County Regional Communication Center for the duration of up to five years, for the purpose of providing local dispatching for the Town of Gray.
Councilor Sturgis believes this is good arrangement. Councilor Grover indicated that he is divided on
this issue. He expressed concerns. 1. Public Safety has not seen this to comment.
2. As a 5 year term, the Town should be cautious about ending the agreement if needed. He had some concerns about answering and dispatching potentially be separated and becoming inefficient.
3. Services do not include the reverse 911 system in this agreement.
Councilor Scheckel asked if the Fire Chief supports this. Town Manager Cabana, Councilor Scheckel and Hutchins and Gellerson believe that if the Fire Chief supports this that the Council should approve.
Councilor Sturgis stated that termination of the agreement similar to Councilor Grover’s concerns, are listed in the agreement. He supports this agreement.
There were questions about what reverse 911 does and Councilor Grover gave an overview on how it works and believes that this item should not be in the agreement so that the Town can avail itself of this service.
Councilor Grover suggests tabling this item to the next meeting. Councilor Scheckel suggests approving this item with an amendment.
Councilor Grover moved; Councilor Scheckel seconded.
The Gray Council encourages the Public Safety Director to review and consider the addition of the reverse 911system
5 Yes
Item #049-09 To review and act upon approving renewal applications for a Liquor License and a Special Amusement Permit for McAllister Properties LLC d/b/a the Tailgate Bar and Grill, located at 61 Portland Road
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves renewal applications for a Liquor License and a Special Amusement Permit for McAllister Properties LLC d/b/a the Tailgate Bar and Grill, located at 61 Portland Road.
Councilor Sturgis asked if the wording special amusement means live entertainment. Town Manager Cabana indicated that it can also include comedians, bands etc.
5 Yes
Item #050-09 To review and act upon approving the liquor license renewal application for Wayne Pollard d/b/a Jess ‘N’ Nics Pizza and Sandwich Shop, located at Route 100 Gray Plaza.
This action requires a majority vote after an opportunity for public comment.
Councilor Grover moved; Councilor Sturgis seconded.
Ordered the Gray Town Council approves the liquor license renewal application for Wayne Pollard d/b/a Jess ‘N’ Nics Pizza and Sandwich Shop, located at Route 100 Gray Plaza.
5 Yes
Item #051-09 To review and act upon authorizing liquor license renewal application, as well as Games of Chance, which include Bingo, for the American Legion, Gray Post #86.
This action requires a majority vote after an opportunity for public comment.
Councilor Sturgis moved; Councilor Scheckel seconded.
Moved the Gray Town Council authorizes approving a liquor license renewal application, as well as Games of Chance, which include Bingo, for the American Legion Gray Post #86, located at 15 Lewiston Road.
Councilor Hutchins asked if they do outside activities as stated in their paperwork. Town Manager Cabana stated that this was done last year as well.
5 Yes
Item #052-09 To review and act upon approving and adopting the proposed General Assistance Ordinance Appendices A-C, as proposed by the State.
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council adopts the proposed General Assistance Ordinance Appendices A-C, as proposed by the State.
5 Yes.
Item #053-09 To review and act upon making appointments to the various boards and committees. This action requires a majority vote after an opportunity for public comment.
There was a discussion on whether or not ORC will continue.
Town Manager indicated that David Getchell is applying for the Street Construction Ordinance Committee.
Councilor Scheckel recommended approving the applicants by committee.
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered the Gray Town Council appoints David W. Getchell and Richard Tibbets as a regular member to the Street Ordinance Review Committee.
5 Yes
Councilor Scheckel moved; Councilor seconded.
Ordered the Gray Town Council appoints Edward C Libby as a regular member to the CEDC_ for a term to expire August, 2009. And, appoints Lance Tumac regular member of CEDC for term to expire in August, 2009 and Connie Holland as a regular member to the Recreation Committee, for a term to expire in August, 2011.
5 Yes
Item #054-09 To review and act upon the responses from various real estate brokers regarding the town-owned properties. This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel reviewed and is ready to make a recommendation. She recommends the Dunham
Group for the Post Office and Town Hall.
Councilor Gellerson supports CB Richard Ellis/The Boulos Co.
Councilor Grover supports The Boulos Co. in particular for their comparison study.
Councilor Hutchins supports The Boulos Co. for their presentation as well and their approach on selling the properties.
Councilor Sturgis likes both The Boulos Co. and the Dunham Group. He likes the Dunham Group for its local awareness of the area market.
Councilor Grover would like to defer this to the next meeting for more time for detailed review.
There was a discussion on the 2 preferred brokers and their reasons.
There was a discussion as to whether or not the properties should be specifically listed in the motion.
Councilor Grover asked about easement issues between 6 and 8 Shaker Road.
Councilor Sturgis moved; Councilor Grover seconded.
Ordered the Gray Town Council authorizes the Town Manager to enter into a contract with CBRE/The Boulos company to list for sale #6 and #8 Shaker Road, and if possible, to list for sale or lease #4 Shaker Road.
5 Yes
Item #055-09 To review and act upon determining the Town of Gray matches for employees who participate in the ICMA retirement plans. This action requires a majority vote after an opportunity for public comment.
Town Manager Cabana gave an overview of the employee annual review process and the proposed increase in the budget FY02 for the retirement benefit for employees with longevity. Employees with 10 years of service would receive an additional 1.5% match. An additional .5% was proposed for each additional 5 years of service. She indicated that there was never a formal motion to amend the personnel policy to reflect this proposal of the FY02 budget benefit. There are also a couple other employees who have reached the longevity
benchmark.
Councilor Scheckel indicated that a “match” is simply a match. If the employee contributes 5% for example, then the Town should only match the employee contribution and not additional amounts.
There was a discussion as to whether or not the additional percentage increase should be given if the employee did not match the increase.
Town Manager Cabana stated that 3 employees currently enjoy this benefit and that additional employees are asking about this as well. The Council needs to decide the match in tonight’s order.
Councilor Scheckel moved; Councilor Sturgis seconded.
Ordered the Gray Town Council will match the retirement contribution amount for the town employees at 6% and will increase the contribution at 7.5% for 10 years of service, 8% for 15 years of service, 8.5% for 20 years of service and a maximum of 9% for 25 years of service and that the increase to employees retirement plan will not exceed the employee’s contribution.
5 Yes
Fifth Order of Business: ORDINANCES:
Item #056-09 (Second Reading) To review and act upon an amendment to the Town of Gray Parking Ordinance, Chapter 502.
This action requires a majority vote after an opportunity for public comment
Moved to the December 2nd meeting
Item #057-09 (Second Reading) To review and act upon proposed amendments to Chapter 401 (The Subdivision Ordinance of Gray) by replacing it in its entirety with a new ordinance based on a model published by the State Planning Office.
This action requires a majority vote after an opportunity for public comment
Councilor Scheckel moved; Councilor Hutchins seconded
The Town of Gray hereby ordains that the proposed amendments to Chapter 401 (dated September 26, 2008) to replace the current Subdivision Ordinance in its entirety with the new Ordinance based on a model prepared by the Maine State Planning Office.
5 Yes
Item #058-09 (Second Reading) To review and act upon proposed amendments to Chapter 402 (The Zoning Ordinance of Gray) by reorganizing the current Zoning Ordinance to make it more consistent and adding new procedures and standards for Planning Board approval of conditional uses and site plan review.
This action requires a majority vote after an opportunity for public comment
Councilor Hutchins moved; Councilor Scheckel seconded
The Town of Gray hereby ordains that the proposed amendments to Chapter 402 (dated September 30, 2008) to replace the current Zoning Ordinance with the new Ordinance that reorganizes it to make it more consistent and adds new standards and procedures for Planning Board approval of conditional uses and site plan review.
David Lourie gave some issues on TwinBrook related to the 402 Zoning. Trash receptacles and being in site of residents were two areas. He stated that this should be examined in relation to Shoreland Zoning. He suggested tabling these amendments until the issues of TwinBrook have been resolved.
Councilor Gellerson stated that this is the second reading and would like to move these amendments along.
Town Manager Cabana indicated that there are some items from Chapters 401 and 402 that will be need to be addressed and believes some of the items that TwinBrook have questions may be addressed with future amendments.
George Thebarge indicated that the amendments would only apply to expansion of sites and not to existing sites.
The Council expressed that they wished to move the Ordinances forward and make the necessary amendments as needed.
5 Yes
Sixth Order of Business:
Council Business:
(1) Pick a date for discussion about Policing options-
Councilor Grover stated that he proposes a meeting with various constituencies on this option for the future with public input. He stated that this meeting and possible action should be done prior to the budget process. He suggests late January or early February. Councilor Sturgis suggested January 26th. Councilor Hutchins suggested getting an update from the Chief and that the Public Safety Committee brings some recommendations and others such as the State Police would be redundant. She would rather hear from the Chief on this issue prior. Councilor Scheckel indicated that COG is looking at combining public safety with 4 other area towns and they are finalizing an RFP which should bring a recommendation and figures to fund a study. This would be paid
in part by the Towns. Councilor Gellerson suggested an update from the Chief in December, then, have the January 26 meeting for more information if needed. There was an extensive discussion as to whether or not Councilor Grover’s suggested process would be most effective. Councilor Hutchins stated that Public Safety has had some discussions on this. It was agreed to have the Chief come in for the December 2nd meeting to begin a process.
(2) Discussion for how to create a Pennell RFP, if the article passes.
Councilor Gellerson thanked the public, CEDC, the Council and the Town Manager for their work on this. He indicated that it was a close vote and believes that this should be done as economically as possible. He proposes a workshop for December with the companies who worked with the CEDC to get more information and how the project can be done before an RFP is done.
Councilor Sturgis suggested a subcommittee to work on this to create an RFP to be issued by the end of February and report back to the Council in March for Council action in April.
There was a discussion on whether or not the RFP should be for the architect or that the Town gets an architect to design and then put the design out to bid. Also discussed, was the Contractor at Risk concept and whether or it is an appropriate way.
The discussion continued on what options the subcommittee could be tasked with.
Councilor Sturgis moved; Councilor Scheckel seconded.
Motion that the Gray Town Council form a special committee entitled the Town Office Committee comprised of 11 people to work on this and comprised of the Council Chair, 2 Council members, 1 Planning Board member, Town Manager, Doug Webster, 1 CEDC member, 2 members of the public, the Fire Chief, and 1 Pennell alumnus to start to meet no later than January 9th to produce a design RFP and bring recommendations to the Council.
Councilor Scheckel suggested Ralph Wink and Tina Martel as members of the public. There was also a discussion about representation from the historical society for this subcommittee.
Councilor Scheckel moved; Councilor Hutchins seconded.
Amendment to the motion: add one person from the Gray Historical Society to create a 12 member committee.
5 Yes
There was discussion on suggested people to represent from the various suggested constituencies. Councilor Gellerson also asked the group to think of back-up people if they aren’t willing or available.
There will be a vote to confirm the people asked to participate at the December 2nd meeting and have some criteria ready for them to have for the January meeting.
Vote on original motion as amended.
5 Yes
Seventh Order of Business:
Additions to the Agenda:
Councilor Scheckel asked if committee agendas can be emailed instead of hard copies and Councilors can decide whether or not to print copies. The group agreed.
Councilor Gellerson indicated that 2009 could be an exciting year for the Town.
Councilor Grover asked if at the December 2nd meeting, Councilors bring up thoughts on the upcoming budget.
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Mobile Vendor License Ordinance Amendment.
Clarify Committee Priorities
Fuel Usage – Revisit October 2008
Parking Ordinance
Mass Gathering Ordinance
Department Head Goals
Update Personnel Policy/Administrative Code
Discussion Regarding Police Protection Options
Ninth Order of Business: Adjournment
Councilor Scheckel moved; Councilor Hutchins seconded.
Motion to adjourn
5 Yes
The meeting ended at 10:25pm
Minutes approved and accepted December 2, 2008 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Chair Tracy Scheckel, Vice Chair
______________________________ ___________________________
Mark D. Grover Margaret Hutchins
* The Town of Gray is an equal opportunity employer and complies with all applicable equal access to public accommodations law. If you are planning to attend a Town Council or Town committee or board meeting and need assistance with a physical disability, please contact the Town Manager’s office at least 48 hours in advance of the meeting to have the Town assist you. 657-3339. TTY 657-3931.
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