Councilor Hutchins moved; Councilor Doughty seconded
4 yes: Councilor Sturgis arrived at 6:02pm to attend session.
6:00 PM - The Council will go into Executive Session, pursuant to Title 1, Chapter 13, Subchapter 1, Section 405, Subsection 6-A: “Discussion or consideration of the employment, appointment, assignment, duties, promotion, demotion, compensation, evaluation, disciplining, resignation or dismissal of an individual or group of public officials…” specifically to discuss the recipients of the annual awards.
Councilor Gellerson indicated that selections have been made for the awards and will be announced.
Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Matt Doughty, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: Gary Foster, Pam Wilkinson, Rep. Anne Graham, George Thebarge, Doug Webster
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of November 16, 2010, Town Council Minutes
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves November 16, 2010 Town Council Minutes, as presented
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
No Public Comment
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson stated that the Library open house is this weekend if people wish to see the renovation of the work that has been done. He encourages people to have their wood stove checked given what happened to a house in Poland. The Gray Fire Department is willing to check wood stove and chimneys.
Reports from the Town Manager:
Town Manager Cabana stated that dog Licenses need to be renewed by Dec. 31st. The rabies clinic went very well. She thanked everyone for participating.
She listed the Town Hall closures around the holidays. She gave the schedule and stated that they are posted on the Town’s website and on Cable TV.
Committee Reports:
Councilor Sturgis stated that at Recreation & Conservation meeting, there was a discussion on the facility use fees. The committee voted not to change the fee schedule. The fees proposed in the use policy previously discussed were accepted. There was also an exercise on the options for use on the recently acquired land behind Pennell. There will be a public meeting with a similar exercise to get the public’s feedback. He will let people know the date.
Councilor Grover indicated that the Dry Mills School House Committee did not meet. The Library Trustees met. He commented on the IRS no longer mailing tax forms to citizens and that they will be available in the library and the question/issue/cost of photocopying these documents will need to be discussed.
He also stated that the Cumberland County budget final vote will be tomorrow night (Dec 8th) then will go on to the Commissioners. The public approved the Cumberland County Charter Commission. The Charter Commission has proposed 5 districts rather than 3 and there are discussions on the criteria to determine this. This will be posted on their site for public feedback. The tentative plan would have Gray on the west side of a district going towards Freeport and Brunswick.
Councilor Sturgis asked who will establish the districts. Councilor Grover stated that the Charter Commission makes the decision not the Commissioners. The new districts would be rolled out next year and the 2 new district Commissioners would be elected in the November election.
Councilor Doughty commented on public hearings on the chapter 401road subdivision proposed changes and work continues.
Councilor Hutchins stated that the Public Safety and Recycling Committees need more volunteers.
Councilor Gellerson stated that the CEDC will be meeting next week.
Gary Foster, representative for ecomaine. He stated that general waste tonnage is 7% above projections, but down from last year. Recyclable tonnage is 10% above projections. Year end totals will be about 300,000 tons over last year. The Executive Committee voted to submit amended bylaws changing the board/officer voting structure as well the official status of the recycling committee. Eco Excellence awards ceremony will be sometime in March. Electrical generation was outstanding, but electrical purchase amounts have declined. 8.4 million kilowatts were generated and 4 vendors are interested and have submitted bids. 2011 will be the peak year for debt payment and will decline significantly thereafter.
Council Correspondence: None.
Third Order of Business:
Presentations:
Pam Wilkinson – Little Sebago Lake Association milfoil update/ budget request
Pam Wilkinson gave an overview of the Association’s mission/purpose. There are 12 Board members and they have a variety of committee members working on water quality, milfoil, and other activities including grant work, dam management etc. 50% of the residents around the lake are dues paying members. She also discussed their efforts on the boat inspections and educating
the public on milfoil.
Maine Milfoil initiative – The Lake Association participates in this with Saint Joseph’s College of Maine and help gather information on milfoil mitigation. The grant monies have helped replace pontoon boats. They have regular public forums and high school and college students have participated. Also, an endowment has been established to support the association.
Operations include: public hearings, surveys, milfoil trainings (volunteers, divers etc.) from Spring through Fall. In 2011, a full vegetative study will be conducted and records updated on the plants. Milfoil is still there, but has been reduced.
The Town’s investment made to the Association has made a difference in the reduction of the milfoil being collected. Less is being found. 19 tons of milfoil has been taken out of the lake totaling $67,000 in costs and 1,100 volunteer hours given. Small investments by the Town aids
in the protection of the lake and its usage which results in improved valuations for all.
She would like to see more volunteers, grant writing expertise, fundraising coordinator and a media/PR person to get the word out. Calendars and a number of other items are available for sale on the Association’s website.
Councilor Gellerson asked if Windham contributed financially. Pam stated that they have not and believes it doesn’t send a good message.
Legislative update - Representative Anne Graham
Rep. Graham read the letter she gave the Council and what her objectives are for the upcoming Legislative session. She stated that the rules process and committee establishments will be decided on Dec. 17th. She will not know until then what committee she will be on. If there is interest in submitting bills, please contact her for information.
Councilor Grover commented on the Urban Compact issue with regards to the population number in relation to the Town’s acquisition of roads. He would recommend that this issue be discussed at the state level. He would like the population threshold be increased.
She stated that the Casino issue could be part of this discussion and the potential road impact. Councilor Grover asked that the materials on this issue be sent to her.
Councilor Sturgis commented on the homestead exemption issue among other items and that many of the state issues, the towns are being affected. He urges her to be vigilant to consider the impact the towns.
Rep. Graham would like to be on the state/local government committee and agrees with Councilor Sturgis’ comments. She would like to report to the Town Council quarterly.
CDBG Pre-application Grant – George Thebarge
George Thebarge updated the group on updates on the CDBG grant process. He gave an overview of what Gray has done and money received in the last few years. In 2008 and 2009 funding was received for the Clark Block project. He stated that they are still working with Dunkin Donuts to work on that part of the project.
There is an engineering plan to work on stopping the turnaround being used through the Town properties to get to Dunkin Donuts.
The 2010 grant was to develop a master plan for the Monument Square Block and Town properties.
For 2011, he proposes an application to extend the sidewalk from McDonald’s towards Pennell. He is gathering cost estimates and projects applying for $200,000. MDOT has given funding for crosswalks on Brown Street, Shaker Rd. The grant application would include redoing crosswalks and add a crosswalk and pedestrian signals northbound in the center of Gray. By combining this, it would make the application more significant.
The pre-application process is an initial screening process to see if this project would meet HUD’s criteria. The letter of intent is due Dec. 17th. The formal application is due Jan. 25th and there is a local match if the Town received it which would impact upcoming budget cycle.
Councilor Doughty asked about Gorrill-Palmer’s quote. Councilor Gellerson asked what the plans are with the current funds. George stated that getting Dunkin Donuts on board for the project is important. If this doesn’t work, then the Town would go back to the Oversight Committee and/or apply for an extension.
Request for a volunteer to make a wooden frame for the Veteran’s Memorial – Doug Webster
Doug Webster indicated that the Veteran’s Memorial at the old Town Hall has been moved to Pennell and a formal location has been selected. A new pressure treated frame would be needed as the old one has deteriorated. The Town would pay for the materials and would like to have a volunteer build it over the winter.
Public Hearings:
- Proposed renewal application of the automobile recycling (salvage) yard for Kevin Kimball & Dube’s Garage located on Frost Road.
No Public Comment.
- Proposed Chapter 219 (Nude Entertainment Ordinance).
No Public Comment.
- Proposed amendment to Chapter 402 (Town of Gray Zoning Ordinance), Section 402.8.1 (Adult Businesses standards) to make this Zoning subsection consistent with the proposed Chapter 219 (Nude Entertainment Ordinance).
No Public Comment.
- Proposed amendment to Chapter 402 (Town of Gray Zoning Ordinance), Section 402.7.12 (Fire and Explosive Hazard performance standard) to repeal existing standards and reference requirements established by the Maine Department of Environmental Protection and the Maine Department of Public Safety.
No Public Comment.
- Proposed amendments to Chapter 401, Section 401.10.1 of the Gray Subdivision Ordinance related to inspection fees and Sections 401.13.15 & 16, for changes to the standards for streets in subdivisions.
Pam Wilkinson asked if the amendments are only for new subdivisions. Councilor Gellerson said yes it is.
- Proposed amendments to Chapter 400, Parts 2 and 3 of the Gray Street Construction Ordinance for changes to the requirements for public streets and subdivision streets.
Pam Wilkinson asked what the impact is with the proposed changes to the existing roads.
George Thebarge stated that simple changes such as parking standards and the like were done.
The proposed change includes not accepting new private roads in new subdivisions (easement issues) unless they fall under the Comprehensive Plan designation (urban versus rural).
The next phase of proposed changes would consider private gravel roads and development.
Councilor Gellerson stated that the proposed changes do not impact lake roads which Pam Wilkinson was asking about. Pam stated that many roads were created prior to road standard developments.
Fourth Order of Business: ORDERS
Item #058-11 To review and act on the renewal application of the automobile recycling (salvage) yard for Kevin Kimball D/B/A Kimball’s & Dube’s Garage, Inc.
Councilor Sturgis moved; Councilor Hutchins seconded
Moved the Gray Town Council approves the renewal application of the automobile recycling (salvage) yard for Kevin Kimball D/B/A Kimball’s & Dube’s Garage, Inc., located at 23 Frost Road.
5 Yes
Item #059-11 To review and act upon suspending the Town Council Rules for the purpose of holding one regular Town Council meeting in December on the 7th.
This action requires a 4/5’s vote after an opportunity for public comment.
Councilor Sturgis moved; Councilor Grover seconded
Ordered the Gray Town Council suspends the Town Council Rules for the purpose of conducting one regular Town Council meeting in December on the 7th.
5 Yes
Item #060-11 To review and act upon approving the recipients of the annual volunteer awards.
Councilor Sturgis; Councilor Grover seconded
Ordered the Gray Town Council approves the proposed recipients of the annual volunteer awards:
Volunteer of the Year: Don Hutchings
Committee of theYear: Town Office Building Committee
Organization of the Year- Gray Public Library Association
Lifetime Achievement Award- Ralph Wink
Evelyn Morrill Durgin Award- Miriam Bisbee
5 Yes
Item #061-11 To review and act upon authorizing the Town Manager to sign the quitclaim deed for the Richard Huff, Map 23, Lot 06A of the Tax Assessors’ maps of the Town of Gray.
Councilor Hutchins moved; Councilor Doughty seconded
Ordered the Gray Town Council hereby authorizes the Town Manager to sign the quitclaim deed for Richard Huff, Map 23, Lot 06A of the Tax Assessors’ maps of the Town of Gray.
Councilor Sturgis asked if the liens were discharged after things are satisfied and that this is to make it a clear title. Town Manager Cabana said it is.
5 Yes
Fifth Order of Business: ORDINANCES:
Item #062-11 (Second Reading) To review and act on the proposed Chapter 219 (Nude Entertainment Ordinance).
Councilor Hutchins moved; Councilor Doughty seconded
The Town of Gray hereby ordains the approval of the proposed the proposed Nude Entertainment Ordinance.
Councilor Grover stated that given the research he has done, in particular, crime rate issues, can support this due to the 1000-foot restrictions.
He asked about the applicability date. He stated that the Gray Charter states that ordinances become effective 30 days after adoption. He believes that the applicability paragraph should be removed to be in line with the Town’s Charter.
Town Manager Cabana stated that the applicability date is related to the Council approval date and is not related to the ordinance approval date. Councilor Grover stated that he disagrees.
The date is related to the first public hearing as recommended by the Town’s counsel. It states that the Town was in the process of adopting an ordinance before an application may be submitted.
He proposes an amendment to eliminate the applicability date paragraph. No one seconded.
He also commented on the zoning aspect section and believes that the zoning ordinance reference be stricken.
Doug Webster stated that the reasoning for the cross reference to the Zoning is to make sure that it is in concert with this proposal
Councilor Grover moved to amend this proposal to strike Item D 2. No one seconded.
He believes that the proposed Commercial Zone C has churches, schools, and bars and doesn’t in the way this is written allow any possible locations of such a business to be established in Gray and believes that this is an inappropriate way to handle this.
He stated that he thinks this proposal is unjust, deceptive, cowardly, and beneath them as a council of lawmakers and stated that he wanted it noted for the record.
4 Yes/ 1 No (Grover)
Item #063-11 (Second Reading) To review and act on the proposed amendment to Chapter 402 (Town of Gray Zoning Ordinance), Section 402.8.1 (Adult Businesses standards) to make this Zoning subsection consistent with the proposed Chapter 219 (Nude Entertainment Ordinance).
Councilor Sturgis moved; Councilor Doughty seconded
The Town of Gray hereby ordains the approval of the proposed amendments of Chapter 402 (The Zoning Ordinance of Gray), Section 402.8.1 (Adult Businesses standards) to make this Zoning subsection consistent with the proposed Chapter 219 (Nude Entertainment Ordinance.
Councilor Gellerson stated that there was no public nor board comment at the November Planning Board meeting.
4 Yes/ 1 No (Grover)
Item #064-11 (Second Reading) To review and act on the proposed amendment to Chapter 402 (Town of Gray Zoning Ordinance), Section 402.7.12 (Fire and Explosive Hazard performance standard) to repeal existing standards and reference requirements established by the Maine Department of Environmental Protection and the Maine
Councilor Sturgis moved; Councilor Grover seconded
The Town of Gray hereby ordains the approval of the proposed amendments of Chapter 402 (The Zoning Ordinance of Gray), Section 402.7.12 (Fire and Explosive Hazard performance standard) to repeal existing standards and reference requirements established by the Maine Department of Environmental Protection and the Maine Department of Public Safety.
5 Yes
Item #065-11 (Second Reading) To review and act upon proposed amendments to Chapter 401, Section 401.10.1 of the Gray Subdivision Ordinance related to inspection fees and Sections 401.13.15 & 16, for changes to the standards for streets in subdivisions.
Councilor Doughty moved; Councilor Hutchins seconded
The Town of Gray hereby ordains the approval of the proposed amendments of Chapter 401, Section 401.10.1 of the Gray Subdivision Ordinance related to inspection fees and Sections 401.13.15 & 16, for changes to the standards for streets in subdivisions.
Councilor Gellerson gave an overview of the Planning Board’s comments that indicated that, as written, this change makes it easier for developers to build in rural areas.
George Thebarge stated that in the first reading, the discussion was to make this consistent with the Comprehensive Plan. He stated that the acceptance of new roads in rural areas does minimize the Town’s impact, but indeed, there is a possibility that this could impact the Comprehensive Plan goals. It is a policy decision. In the last 20 years, most subdivisions have been in the rural areas, but eliminating the acceptance of new roads in rural subdivision eliminates more responsibility for the Town.
Councilor Gellerson asked why the Town should make the trade of lowering the road standards for rural subdivisions for not accepting them. He believes that, as discussed at the Planning Board, it makes it easier for a developer to build in rural areas because of costs as the standards are less.
George Thebarge stated that the private street construction standards in the Town are very liberal. There was a discussion on standards with some examples and the possible implications. Councilor Gellerson asked if, philosophically, the Town is doing the right thing by this.
Councilor Grover stated that he believes that it should be made easier to build in the growth areas and this could help that to happen. Councilor Gellerson stated that he believes, as proposed, it does the opposite. Councilor Doughty stated that the reduction in costs initially would save costs in the reconstruction phase to upgrade the road. It is a compromise and practical. Councilor Sturgis stated that it does promote growth in the rural areas but it’s already happening and given the nature and design of the Town, this is a good compromise. The growth areas do not have the amount of land to build such projects. He believes that the developers will have to make it of value to the potential buyers to create a good road to begin with.
5 Yes
Item #066-11 (Second Reading) To review and act upon proposed amendments to Chapter 400, Parts 2 and 3 of the Gray Street Construction Ordinance for changes to the requirements for public streets and subdivision streets.
Councilor Hutchins moved; Councilor Doughty seconded
The Town of Gray hereby ordains the approval of the proposed amendments of Chapter 400, Parts 2 and 3 of the Gray Street Construction Ordinance for changes to the requirements for public streets and subdivision streets.
5 Yes
Sixth Order of Business:
Council Business: -
Town Manager Cabana stated that she has given a draft timeline for the budget work. It is similar to last
years format. Dean Bennett suggests visiting Libby Hill trails. Councilor Gellerson suggested visiting
it in the morning instead.
Councilor Grover asked if the Town has some ownership in the Libby Hill trails. The Town does have
some land in the area.
Town Manager Cabana asked that if there are changes, conflicts or issues to let her know.
Councilor Gellerson asked about the CIP meeting and whether or not it is the existing plan. Town
Manager Cabana stated that it is and as a living document should be reviewed and updated.
Councilor Gellerson stated that CIP should be reviewed last after the other items have been reviewed.
Councilor Grover believes that it should be given the full time it deserves despite a lot of discussion last
year. He suggested a workshop session on this in between the other meetings. He suggests compressing
department budget meetings and spend more time on CIP.
Councilor Hutchins would like to review it at the end and reminded the group that they will see it as a
whole, as the process begins.
Councilor Grover recommends including the CIP in the initial documents, compress the meeting
schedule and ask departments to give their potential impact to the CIP at their meetings.
There was a discussion on streamlining the meetings and locations.
Councilor Grover commented that the 8th item of business is often overlooked. He suggests that this
item be moved as the 6th item of business. He asked about the status of legal seminars for the various
committees.
Councilor Gellerson stated that counsel has already met with Zoning Board and is willing to speak to the
other committees. He recommends doing these after the budget cycle, sometime around March.
Seventh Order of Business:
Additions to the Agenda:
Any items for the next agenda should be submitted by Dec 28th.
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Request that Maine DOT review signage in Gray center and nearby state roads.- Consider and discuss a proposed Mass Gathering Ordinance, eventually moving it to a Public Hearing.
- Complete all revisions to the Street Construction Ordinance (§ 400).
- Amend or replace the Sign Ordinance (§ 406).
- Review the town TIF Policy. (CEDC to amend and not rewrite)
- Establish a Gray Hall of Fame award and a process to identify initial, historical recipients.
Begin organizing a Comprehensive Planning Committee.
Councilor Grover stated that he has presented the Hall of Fame process and criteria to the Gray Historical Society for review.
It was agreed to include this as a discussion item for the January Meeting.
Mass Gathering Ordinance is nearly complete for presentation.
Councilor Gellerson reviewed the other action items. Street Construction Ordinance work should be completed soon.
Ninth Order of Business: Adjournment
Councilor Grover moved; Councilor Sturgis seconded
Motion to adjourn
5 Yes
The meeting ended at 9:20pm
Minutes approved and accepted January 4, 2011 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Council Chair Margaret Hutchins, Vice Chair
______________________________ ___________________________
Mark D. Grover Matthew Sturgis
_____________________________
Matthew Doughty
* 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.
| 
