Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Margaret Hutchins
Town Manager Deborah Cabana
Excused: Councilor Manchester
Others present and speaking: Pam Wilkinson, Ed Libby, Jeanne Carpentier, George Thebarge, Doug Webster, Marie Morey, Judy Fein
Councilor Gellerson stated that there was an Executive Session regarding a personnel matter and asked for a motion to accept the finding of fact letter.
Councilor Sturgis moved; Councilor Grover seconded
Motion to accept the letter as written regarding the finding
of fact letter to Dean Bennett dated, December 11, 2009.
(Entire letter read and amendment of the letter noted regarding financial information)
Councilor Grover stated that the procedures are at the advice of the Town’s attorneys.
4 Yes
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of December 1, 2009, Town Council Minutes
Councilor Grover moved; Councilor Sturgis seconded.
Ordered the Gray Town Council approves December 1, 2009 Town Council Minutes as corrected.
Councilor Grover stated that on page 2 that the resignation was from a Recreation committee member and not a Library Trustees member.
4 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person) No public comments.
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson commented that the Street Construction Committee had met. He indicated that about 30-40 people stopped by for the site visit of the work on Pennell thus far. The intent is to have monthly public visits available. He stated that he appreciated Zachau’s effort to do so. He also commented on the projects in the Town this year and wished everyone a Merry Christmas and Happy New Year.
Reports from the Town Manager:
Town Manager Cabana mentioned the following Town Office closures on Dec.24th. To be closed at noon the Library, Transfer Station and Town Hall. She stated that effective Jan. 5th the Library will be open at 10am and not 9am. She indicated that there have been increased use and that staff were working the extra hour without pay which cannot be done. She also wished the community happy holidays as well.
Committee Reports:
Councilor Sturgis commented on the good public visits to Pennell and was pleased about the media and photos.
Councilor Grover stated that the Library Trustees met and they are working on long term capital and technology planning. They have brought in a consultant to assist them.
Council Correspondence:
Councilor Sturgis also wished everyone happy holidays and believes it’s a great town and the staff is great as well as members of the public for all the work they do.
Third Order of Business:
Presentations: Pam Wilkinson -Little Sebago Lake Association-milfoil update/ budget request
Pam Wilkinson updated the group on the work the Lake Association has been doing. She provided a
map on the lake area. A large portion of the lake is in Gray with parts in Windham.
The Association has a number of projects including water quality, boat inspection, an updated website
for information, database of members, newsletter (e-newsletter). They work on soil erosion and
protection and offer informational meetings. Working with the milfoil consortium in DC and state
support on this effort.
Sen. Collins has worked with them on the milfoil issue. Milfoil removal began in 1999 and suction
dragging to remove it has been an ongoing project. She gave an overview of some of the steps they take
in removal.
The Association has 4 boats for various lake efforts which require continued work. They host various
DEP trainings.
Milfoil in 2009 did not flourish in earnest until August. She described the areas they have appeared and
the efforts they took this year. The Association has a scheduler to oversee the various scheduling
projects.
Future enhancements: They would like to do regular removal and have someone take it to the transfer
station.
At the height of the season 99 bags were being removed daily. 17 tons of milfoil was removed from the
lake this season and is a $60,000 annual project. Had milfoil removal been an effort on the part of the
association, property values would significantly decrease. She also described some matching grant
funds and how they have been applied. She believes the effort is also to help educate the public and
other lake dwellers what can be done. They are working on grant preparation and the second phase of
the grant process is an action plan for implementation. The Town has committed $10,000 to the
Association this year which is down from last year. Windham’s funding was down as well. She
understands that the Council is struggling with budgets. She stated that the Association will be formally
requesting $20,000 from each Town to underwrite the effort.
Councilor Gellerson asked about nonprofit status. 501(c)(3) with approxitmately 200 members
paying$25 annual dues and also donations are given.
Pam Wilkinson stated that they attempt to work with other lake residents to get them to participate
Councilor Grover asked if this will be part of the March 8th Council workshop on the budget. They will
be, and the dates are posted online.
Councilor Sturgis thanked the Association for all of their efforts. Pam praised the volunteers as well.
He clarified that while the tax burden is great for them, .70 of each tax dollar goes to education and the
entire picture needs to be kept in mind.
Jeanne Carpentier – CEDC update/budget request
Jeanne presented a PowerPoint outlining the committee’s website review proposal. CEDC’s number
one goal is to redesign the Town website. The Council endorsed this project. They have been working
on this for 10 months. Daily maintenance of the site is integral. There are many possibilities for the
future of the site. There are many inconsistencies and is not user friendly. There is no 1 staff person
maintaining this. The new site currently up is more visually appealing and easier to use. They have
received many compliments on their work. She stated that town sites have high volume and constant
data changes that needs to be constantly updated.
Ed Libby gave some examples of information that was lacking. They are still coming across outdated information on various sections of the site. Business directory needs to be updated, though some work has been done.
Jeanne offered a proposal for website staffing. The CEDC would still continue to assist. It could be a 20hrs a week position or there could be one person to oversee the site. A proposed job description was offered and can possibly be combined with cable TV people to a full-time person.
She outlined the many benefits for the town. A fulltime person would provide single point of contact, consistency, accessibility. GCTV already encompasses the same responsibilities which makes sense for a full-time position. She also discussed the idea of the Town developing content policy which does not exist at present. They have provided a draft gathered from other communities.
Councilor Grover asked how this position would work with the rest of Town staff for this content. Jeanne stated that she is unsure. She stated for those who currently post information it should be done in a timely, consistent manner. He expressed concerns about information technology via maintenance. He asked if this person would have these skills/responsibilities. Ed Libby stated that equipment etc would not be supported by this position. This position would provide continuity on layout, font style and the like. The Town doesn’t host the site at present.
Councilor Sturgis thanked them for their effort and research and that other towns have someone who does exactly as CEDC has described. Having someone to be a conduit for the information could help alleviate some of the staff responsibility. Councilor Grover liked the email notice service put on the new site.
George Thebarge – Update regarding “Project Canopy”
George Thebarge stated that this project encompasses street trees along the property lines that canopy
the public roads.
It is funded in part by the Maine Forest Service with a $6,500 match from tree service from the public
Works’ account including some in kind work.
He explained the importance of this project including safety, economic development of the community,
property values and the like.
He listed the following goals: assess current tree conditions. Work with stakeholders, manage the tree
assets.
An inventory was done by Whitney Tree. Of 237 trees in the various areas from the Portland Rd
to Shaker Rd to the Lewiston Rd and Yarmouth Rd, only 30 trees are in crisis. Tier 2 trees: trees which
require maintenance in a couple of years. In this tier, there are a total of 64 trees. The rest require
monitoring. Other goals are to move trees (by maintenance etc) to the 3rd tier (trees requiring
monitoring). Experts suggest a bit more variety of trees. 76% are maples, the rest are other species.
There will be meeting in January. The total budget is $36,000 and can be spread over several years.
Goals and action plans as well as future funding sources will need to be planned.
Councilor Grover asked where on the Yarmouth Road the trees are located.
Councilor Sturgis asked if there are other alternatives for salting the roads in these areas. George stated
that planting just outside the right of way is a better way, and is better for the trees and safer for the
public.
Councilor Gellerson asked about grants for planning. George stated that there are grants for planning
and maintenance.
Doug Webster – Update regarding the Pennell Project and the Guaranteed Maximum Price
Doug Webster gave an update on the Pennell Project.
The majority of the clock work has been completed. The Fire Marshal’s approval has been given. The
committee has been meeting monthly to review items. All parties are working to not exceed the
amount.
He stated that questions would arise as to what else is part of the project if $2 million of the $2.4
million is for construction. He indicated that there are many costs associated with projects.
He indicated that phase 1 is the majority of site work, phase 2 will be interior work and roof of 1954
portion.
He outlined the costs. He stated that the phase 2 numbers include all the phase 1figures so as to not be confusing.
Zachau received bids from various contractors (electrical, plumbing and the like) and is approximately $100,000 over budget in this area. All 3 parties (architect, Town and construction) are working to bring this number down and provide necessary items for the structure of the building. Some items were removed but the necessary infrastructure has been installed for future installations. Some other items were removed for cost savings. The expectation is that as the construction continues there will be more information on the construction and owner contingency that remains and some of these items could be revisited as the figures become more exact.
Phase 2 approval should be done this week. He outlined the Council’s order of August outlining the Town Manager’s responsibility to keep the construction at $2 million.
The GMP is about $2.12 million at present with work being done to trim this figure down.
Councilor Sturgis asked about the owner’s contingency amount. $25,000 was an estimate. He also asked why the debt service is being included in the $2.4 million. Town Manager Cabana stated that there are fees for selling the bonds etc.
Town Manager Cabana commented on the Council vote in August. She stated that there will be a contract to be signed and wants to be sure that it is within the parameters of the motion approved in August or if they prefer, they can offer another motion. She asked if they wanted to be involved in the items to add items if financially feasible. She read the August, 2009 motion.
Councilor Sturgis supports the August motion and the procedures outlined in it. There was a discussion on the contingency in phase 1 on behalf of Zachau, if funds were remaining at the end of the project, it could be split with the Town.
Councilor Grover supports this as well, but that the final decision be by the Town manager, and the Town Building Administrator.
Councilor Gellerson asked about the electronic sign. Doug stated that a sign is not in the budget, but the electrical conduit for it will be there. The Planning Board was adamant about not having such a sign. They need to return to the Planning Board. Councilor Gellerson stated that he would support finding a way to get such a sign in. He asked Doug about his opinion of the Construction Management at Risk method. Doug stated that up to this point, it seems to be working fine. There is not as much concern about placement in advance of items such as electrical outlets etc and that they can be decided in the field. There is a different spirit and more flexibility.
Councilor Grover about the wiring on the sign in front of Newbegin but never used. He supports something subtle electronically to inform the public on current information.
Public Hearing: (First Reading) To review and act upon proposed amendments of Chapter 402 (The Zoning Ordinance of Gray) and Chapter 400 (The Street Construction Ordinance of Gray).
No public comments.
Councilor Grover asked George about the Level of Service Letters.
George summarized the work being done by the ad hoc Street Construction Ordinance Committee. He
stated that it includes information on public and private roads, zoning, parking standards (moving this to
Chapter 402 and includes increasing parking ratios and more flexibility in parking and other items) and
the Planning Board approvals for them.
The parking standards are what is being presented this evening including one sentence that omits
Section 6.
Councilor Grover asked how the parking numbers are based. George stated that they have been
reviewed and are in line with national standards and with standards in other communities.
Fourth Order of Business: ORDERS
Item #069-10 To review and act upon approving the proposed fee schedule for the Town of Gray.
Councilor Hutchins moved; Councilor Sturgis seconded.
Ordered the Gray Town Council approves the proposed fee schedule for the Town of Gray, as presented.
Town Manager Cabana outlined the proposed fee registrations. Some would be listed as “determined by state numbers” rather than list the fee. Local catering with alcohol fee could be reduced to $10, auto salvage could be listed as $75. There are also escrow fees that will be outlined by George. She also commented on the Recreation Department fees and that they have appropriate wording listed. Also, library fees were mentioned. A lot of work has been done by the Library and the fee amounts (in particular, children’s books late fees, and copying fees) are not agreement between the Library and the Town Manager.
George commented on the escrow fees (project reviews by the planning consultant and engineering consultant). They are only charged for services rendered and if items are all inline, funds would be returned. He outlined the various items and the proposed changes. Communities do this differently.
Marie Morey of the Library stated that they polled other libraries to out their fees they charge. They believe that the Library functions differently as other departments in the Town in the service it provides to the public. She outlined the various steps taken when people are overdue. She recommends lowering public photocopying costs. The Town’s fee is exceptionally high in comparison to other communities. There was a discussion on black and white versus in color copying. Faxing fees can be increased as it requires more time.
Councilor Grover asked if there a difference in the process between photocopying and copies from a computer.
Councilor Sturgis asked about what type of printers there are at the library. Laser printer ink is less expensive than others, but it is not color.
Councilor Hutchins asked if the printing/copying fees proposed actually cover the cost of paper and ink.
There was a discussion on copying fees and other fees for other items (videos for example) being part of a resource to the community.
Town Manager Cabana stated that she is unsure how this revenue change will impact the Library accounts. She is uncertain that inconsistencies in pricing can be challenge.
Councilor Grover stated that if the software supports controls on color copying, then it should be turned off, but if it doesn’t then staff shouldn’t spend a lot of time trying to make it work. There are also a number of fees that have been increased. He can support simplifying the fee schedule and supports the library’s recommendation or propose something in the middle between the high and low rate proposals between the Library’s and the Town’s suggestion.
There was a discussion on what is being used more, black and white or color. Marie is not completely sure but the option can be turned off. Town Hall charges .50 per copy as staff time in generally involved.
There was a discussion on the black and white copy fee that has been charged as the printers aren’t always consistent in printing. Marie stated that reducing the fee is due to the fact that many people as present can’t afford it. Gray’s copying fees are higher than other libraries. Councilor Hutchins would like to keep it at .50. Councilor Gellerson offers .35 as a compromise.
Town Manager Cabana stated that Gray’s Library is not comparable to other libraries in other communities.
Judy Fein of the Library (and a social worker) believes that it is important to keep the fees low to help those who can’t access the resources and that some of the fees are higher than in other communities.
Councilor Sturgis supports .35. He indicated that the State tax forms are now only available online, so more copying is needed.
Councilors Sturgis and Grover thanked the Town Manager for all of the documentation prepared by the fees.
Councilor Gellerson asked about Rescue Fees.
Councilor Grover moved; Councilor Sturgis seconded.
Amendment: Ordered the Gray Town Council approves the Library Board of Trustees proposed fee schedule for the Town of Gray, with the following changes: printing being reduced from .50 to .35.
3Yes/1 No (Hutchins) amendment
3 Yes/1 No (Hutchins)
Item #070-10 To review and act upon making appointments to the various boards and committees.
Councilor Grover moved; Councilor Sturgis seconded.
Ordered the Gray Town Council appoints Kathleen Wood as a regular member to the Dry Mills School House Committee for a term to expire August, 2010.
Councilor Grover stated that this is not the Kathy Wood of the Zoning Board of Appeals Committee but another Kathy who has been participating in the Dry Mills School House.
4 Yes
Item #071-10 To review and act upon authorizing the town manager to enter into an access agreement with GPCOG for the purposes of conducting an environmental assessment on town owned property located at 4, 6, & 8 Shaker Road.
Councilor Sturgis moved; Councilor Grover seconded.
Ordered the Gray Town Council authorizes the town manager to enter into an access agreement with GPCOG for the purposes of conducting an environmental assessment on town owned property located at 4, 6, & 8 Shaker Road.
George Thebarge stated that GPCOG has received a grant for Cumberland County and outlined the 4 areas in the county including the Town of Gray. It concerns commercial sites with potential contamination in a residential area with some low income housing. He outlined the steps that would be taken. Gray will be the first community to receive the assessment. It also includes some other areas other than 4, 6 & 8 Shaker Rd. While the current information states that the locations described appear have a low impact, the assessment’s potential clean bill of health can help for the future economic development. This agreement is more benefit for the engineer who will be assessing the properties before there is too much snow.
Councilor Grover asked why the Fire Station is not on the list. George stated that the other sites were prioritized. Town Manager Cabana stated that the 4, 6, 8 Shaker Rd properties were more pressing and would make them marketable.
Councilor Sturgis agrees with the suggested list.
George Thebarge stated that the COPP Motors site would likely be asked about. The property was mitigated already.
Councilor Gellerson reiterated that no Town funds are being used.
4 Yes
Item #072-10 To review and act upon approving a proposed joint resolution with North Yarmouth and New Gloucester urging DOT to repair the first mile of Route 115 easterly from the Gray Village.
Councilor Sturgis moved; Councilor Grover seconded.
Ordered the Gray Town Council approves the proposed joint resolution with North Yarmouth and New Gloucester urging DOT to repair the first mile of Route 115 easterly from the Gray Village.
Councilor Sturgis read the proposed resolution.
Councilor Grover thanked Councilor Sturgis for his efforts. He expressed concern that Route 115 is also a gateway to the Pineland Business Center and the traffic numbers reflect this. He suggests inserting “including the Pineland Business Center.” He also expressed concerns about the distance as asking for too much.
Councilor Sturgis indicated that the he agreed with Councilor Grover’s concerns about the distance but estimates it to be between 1-2 miles.
Councilor Grover moved; Councilor Sturgis seconded
Motion to amend motion #072-10 to insert “Pineland Business Campus” in the first paragraph.
4 Yes (amendment)
4 Yes
Item #073-10 To review and act upon authorizing the town manager to enter into an agreement with the State of Maine Department of Transportation for the purposes of maintaining a traffic light at the intersection of Route 4/202 at Route 115 in the Towns of Windham and Gray.
Councilor Grover moved; Councilor Sturgis seconded.
Ordered the Gray Town Council authorizes the town manager to enter into an agreement with the State of Maine Department of Transportation for the purposes of maintaining a traffic light at the intersection of Route 4/202 at Route 115 in the Towns of Windham and Gray.
Town Manager Cabna stated that there will be major construction in that area and it will have a new light on each side of the town line.
4 Yes
Fifth Order of Business: ORDINANCES:
Item #074-10 (First Reading) To review and act upon proposed amendments of Chapter 402 (The Zoning Ordinance of Gray) and Chapter 400 (The Street Construction Ordinance of Gray). The proposed amendments will update the Town’s parking standards and move them into the site plan review standards of the Zoning Ordinance.
Councilor Hutchins moved; Councilor Grover seconded.
Ordered the Gray Town Council forwards the proposed amendments of Chapter 402 (The Zoning Ordinance of Gray) and Chapter 400 (The Street Construction Ordinance of Gray) to the Planning Board for a public hearing and further orders that the Planning Board reports back to the Council.
Councilor Gellerson stated that he is the liaison to this committee, the group endorsed this.
4 Yes
Sixth Order of Business:
Council Business:
Seventh Order of Business:
Additions to the Agenda:
Councilor Sturgis stated that he plans to have a motion on a personnel policy review committee developed to remove the politics on any personnel issues for the January 5th meeting.
Town Manager Cabana has sent some suggested personnel policy changes to the Town Attorney for review.
Councilor Grover stated that his research elected officials are presumed to be impartial and appointed committees are subject to this as well. There was a discussion on this potential committee.
Town Manager Cabana stated that she has provided a sample agenda for their review.
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Councilor Grover stated that Item 1 can be checked off.
() Offer high-level budget guidance to the Town Manager early in the budget development process.
( ) Transfer the Pennell Trust from SAD 15 to the Town of Gray.
() Revise, simplify or repeal the Administrative Code (§ 601).
( ) Sell old town office properties.
( ) Resolve the future relationship with the Gray Historical Society.
( ) Pass a joint resolution with North Yarmouth and New Gloucester urging DOT to repair the first mile of Route 115 easterly from the village.
( ) Stimulate further business development and broaden the tax base.
( ) Clarify the Council Rules with respect to changing Council meeting dates.
Ninth Order of Business: Adjournment
Councilor Sturgis moved; Councilor Hutchins seconded.
Motion to Adjourn
4 Yes
The meeting ended at 9:50pm
Minutes approved and accepted January 5, 2010 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Council Chair Margaret Hutchins, Vice Chair
______________________________ ___________________________
Mark D. Grover Matthew Sturgis
_____________________________
Cathy Manchester
* 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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