Minutes
Gray Town Council Meeting
January 25, 2011
Henry Pennell Municipal Complex
Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Matt Doughty, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: George Thebarge, Ed Libby, Rick Licht, David Stevenson, Glen Peterson, Donnie Carroll
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of January 4, 2011, Town Council Minutes
Councilor Sturgis moved; Councilor Grover seconded
Ordered the Gray Town Council approves January 4, 2011 Town Council Minutes, as corrected.
Councilor Grover stated that on page 1, last paragraph ADA should be AED, and on page 4, the phrase “Councilor Grover stated” should say “Councilor Grover stated in his opinion…”
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
David Stevenson, a licensed medical marijuana grower, asked if there is a proposed moratorium on a medical marijuana dispensary in Gray.
Councilor Gellerson stated that there is a discussion on this issue and asked that David stay at the Council meeting to hear what is being discussed and answer questions.
Ed Libby of the CEDC stated that there are 2 open regular positions and 1 alternate position open on the committee if anyone is interested.
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson expressed his condolences on behalf of the Town at the passing of Jack Goosetrey.
The ice fishing derby will be this Saturday and they expect a large crowd.
Reports from the Town Manager:
Town Manager Cabana reminded everyone about the January 31st deadline to license dogs.
Committee Reports:
Councilor Grover stated that the Dry Mills School House Committee has turned some records over to the Town to reconcile some finances they have made a request for funding.
The Library Trustees met and he commented that the gingerbread house event was a success, the new library website is almost ready, and AED training has been scheduled. The library is looking for volunteers to help with book shelving and the like.
Councilor Sturgis stated that the Recreation and Conservation Committee hasn’t met and an application for a new member has been submitted. There is also junior indoor soccer beginning Saturdays.
He also commented on having a webcam at Pennell and wondered if it is possible as the past storms would have been great to view on the webcam.
Councilor Gellerson stated that CEDC will meet next week and will start meeting 2 times a month (on the1st & 3rd Wednesdays).
Councilor Doughty stated that given the weather, there have been positive comments on the road plowing by Public Works and thanked them for their work
Councilor Sturgis asked about the status of the sign in front of Pennell
Council Correspondence: NONE
Third Order of Business:
Presentation: CEDC member(s) – Report from the Monument Square Design Workshop
Ed Libby of the CEDC reviewed the Executive Summary on the Monument Square Design Project.
The project was funded by Cumberland County and the Town. It is intended to develop a master plan to
work on the properties on Shaker Rd and Gray village.
Environmental studies have been done on the properties. Work needs to be done to market these
further. With this work it is hoped that this plan will help promote the sale of these properties. They
currently lack the quality and consistency of the village area. The properties are in bad shape and with
the exception of Stimson have no architectural interest.
The environmental reports are very good. Stimson has a bit of mold. Some asbestos and lead paint exists, all issues are manageable.
With these reports 3 planning visions were presented at the November public workshop.
Vision:
#1- Keep the status quo with some minor additions
#2- Remove some of the buildings and reconfigure the area.
#3- A grand plan if money was no option and a developer wanted to develop the entire block.
The public workshop also included breakout groups to assess the options. Most participants did not support vision #1, but rather something in between #2 and #3. Selling the property outright doesn’t give the Town options for what would go there. A public-private partnership was supported. The private sector would take the lead but the Town could provide support.
6 focus groups exercises were done to give a basic idea of what the community might want.
The CEDC recommends drafting a Master Plan for the area and sending it to developers for comment and interest. The end project should be in line with the 2006 Gray Master Plan. CEDC would like to survey the Town as a whole to get more information on what the residents want and can support the recommendations.
George Thebarge gave a breakdown of the proposal via a PowerPoint presentation citing specific property visuals. The properties in question in a larger range of possibilities also encompass other surrounding properties including some private residences, area businesses and even the Pennell Complex. He described the current development limitations:
1. Parking
2. Waste water disposal
3. And storm water treatment
(Limitations 2 and 3)Gray has one of the best types of soil in the state; sandy with deep water which can allow some improvement.
Analysis of some of these properties included some additions on these properties, reconfiguration. An architectural assessment of the buildings was done. The 3 Town properties are fair to poor. Grant opportunities exist for Stimson, in particular, as possibilities
He explained in more details with visuals the 3 visions discussed at the November public workshop and the steps and activities conducted. He reiterated Ed Libby’s comments about what the participants concluded would likely happen and what level the Town’s involvement should be in relation to these properties. The conclusion of the November public meeting was a public-private partnership.
He described the 2 plans the group voted on, and, as a result, the CEDC has created a composite master plan based on this.
Ed Libby stated that the concepts that Rick Licht will describe include tearing down or moving Stimson.
Rick Licht of the CEDC described 2 plans; one describing only the Town properties (with 3 concept designs) and one including area properties with these Town properties. (The grand plan previously described). It also includes green space and pedestrian possibilities and increased parking. At present, it is difficult to continuously access these areas (IE: connectivity) which is a public desire. He outlined 3 concept designs and what and how it could be done, benefits and drawbacks. He presented 3 visuals.
Councilor Sturgis stated that he agreed with the assumptions made by the public meeting and supports a public-private partnership. He commented on density in the Town center to make it the best return on investment. He asked how many units (residential and commercial) it would take to make it pay.
George Thebarge stated that the purpose of zoning is to protect the Town from what it can’t see in the future. The benefits of the Master Plan are that it outlines everything. Rick Licht reminded the group that waste water and storm water issues would need to be addressed and no project could go further unless this has been assessed. Rick Licht also stated that their suggestions are simply concepts and not actual proposals for what would go there.
Councilor Sturgis believes that the placement of these properties on Route 26 and an improvement in the economy and the future Oxford Casino project will change things in the in the next few years.
Councilor Grover asked about George’s comments on the parking for the shopping plaza. George stated that past decisions and uses likely dictated this
Councilor Grover asked if developers were involved in the process. George stated that there were a couple of them involved in the public meeting.
Councilor Doughty stated that this effort is a good one to have at hand as development is currently happening. Councilor Hutchins supports the public-private partnership.
Councilor Gellerson supports a public survey. He also asked where this process is going. George stated that the public survey would help that process and then it would explore requesting proposals from developers etc should the survey results yield that response. This is a shift in policy from a few years ago and the Town’s direction and intent of this property. He believes that it’s a challenge but important to create a succinct survey. Councilor Sturgis suggested incorporating this presentation on the website and the media.
Ed Libby said the full report will be on the website in a couple of days.
Public Hearing:
- To review and act upon liquor license renewal application for Zhen Bin Huang d/b/a China Village, located at 271 Shaker Rd.
No public comment
- Renewal of Mobile Vendor licenses for Lonnie Humphrey d/b/a Lonnie Dogs, Jason Klein d/b/a Northeast Ice Cream, and David Klenda d/b/a Klenda Seafood
No public comment
Fourth Order of Business: ORDERS
Item #067-11 To review and act upon liquor license renewal application for Zhen Bin Huang d/b/a China Village, located at 271 Shaker Rd.
Councilor Grover moved; Councilor Sturgis seconded
Ordered the Gray Town Council authorizes the liquor license renewal application for Zhen Bin Huang d/b/a China Village, located at 271 Shaker Rd.
5 Yes
Item #068-11 To review and act upon a proposed application to the Cumberland County Community Development Block Grant Program for a funding grant to continue the revitalization of Gray Village by reconstructing the sidewalk along the east side of Main Street from Brown Street to the Pennell Municipal Complex and to upgrade pedestrian crossings at the intersection of Main Street, Brown Street, and Shaker Road. The project will involve Community Block Grant funds, MDOT funding for Safe Routes to School, and local Town matching funds.
Option 1: Ordered the Gray Town Council approves submission of a CDBG application to Cumberland County for a $154,000 grant to continue the Gray Village Facade Improvement Program to continue the revitalization of Gray Village by reconstructing the sidewalk along the east side of Main Street from Brown Street to the Pennell Municipal Complex and to upgrade pedestrian crossings at the intersection of Main Street, Brown Street, and Shaker Road. Project funding will include $50,000 from the MDOT Safe Routes to School Program and $38,000 in local matching funds.
Option 2: Ordered the Gray Town Council approves submission of a CDBG application to Cumberland County for a $118,000 grant to continue the Gray Village Facade Improvement Program to continue the revitalization of Gray Village by reconstructing the sidewalk along the east side of Main Street from Brown Street to the Pennell Municipal Complex and to upgrade pedestrian crossings at the intersection of Main Street, Brown Street, and Shaker Road. Project funding will include $50,000 from the MDOT Safe Routes to School Program and $74,000 in local matching funds.
Since there are 2 options, Councilor Gellerson asked how the Council would like to approach this.
Councilor Doughty commented that the main issue is the local match. He asked George Thebarge about the odds for getting this. George Thebarge stated that CDBG grant process is competitive. The Federal stimulus funding has gone down, but additional applications to Cumberland County have gone up. He stated that the higher the local match, the better the chances are, but that the Gray voters must approve the amount as well. He stated that some recommendations suggest applying for Option #1.
Councilor Doughty asked about some line items in the proposed budget. George Thebarge outlined some of the basics.
Councilor Grover asked when the grant would be awarded. George stated that there is a recommendation process which takes about a month, followed by a decision from that list of these projects, followed by County Commissioners, and HUD reviews. The final decision would be around April and funding begins July 1st. Councilor Grover asked about past funding project and whether or not the funds are still available. George stated that it is still there for the time being but the bid received was high. The concept was to tack that project on this CDBG application and that school crossing/sidewalks on a CDBG application gives it a better opportunity to be considered. George stated that the difference between the options is not only the local match but the use of the building materials
(bituminous paving versus brick)
Councilor Grover asked if this would be included as part of the capital funding line item and not a separate item on the ballot.
Councilor Sturgis also commented on curb cuts and brick. He supports Option #1.
Councilor Gellerson expressed concerns about the financial aspect. He asked about the CIP amount and would this be included in the budget. He asked if something else would need to be taken out to accommodate this as the budget isn’t complete. Councilor Sturgis stated that while Cumberland County is assessing this project, the Council can be assessing the amount relative to the CIP and see if it would work.
Town Manager Cabana stated that while it’s in the CIP it can be a separate line item on the ballot if the Council wanted to do it.
Councilor Gellerson asked about considering being a bit less aggressive. Councilor Grover believes that this project is very competitive and asking for less could make it more difficult for consideration. He stated that even if Gray would be awarded but the decision was made that the local match doesn’t make the final cut in the Town budget, it could be turned down. Councilor Gellerson asked about converting the existing grant money to apply to this. George stated that they are still working with Dunkin’ Donuts to move this project along to make the proposed changes and that the money must be utilized by July 1st. If the Town can get Dunkin’ Donuts to consider this, it might be possible to be extended.
Councilor Sturgis moved; Councilor Doughty seconded
Ordered the Gray Town Council approves submission of a CDBG application to Cumberland County for a $154,000 grant to continue the Gray Village Facade Improvement Program to continue the revitalization of Gray Village by reconstructing the sidewalk along the east side of Main Street from Brown Street to the Pennell Municipal Complex and to upgrade pedestrian crossings at the intersection of Main Street, Brown Street, and Shaker Road. Project funding will include $50,000 from the MDOT Safe Routes to School Program and $38,000 in local matching funds.
5 Yes
Order #069-11 To review and act upon approving Mobile Vendor license renewals for the following: Lonnie Humphrey d/b/a Lonnie Dogs, Jason Klein d/b/a Northeast Ice Cream, and David Klenda d/b/a Klenda Seafood.
Councilor Hutchins moved; Councilor Sturgis seconded
Ordered the Gray Town Council approves Mobile Vendor license renewals for the following: Lonnie Humphrey d/b/a Lonnie Dogs, Jason Klein d/b/a Northeast Ice Cream, and David Klenda d/b/a Klenda Seafood, subject to inspection and approval from the Code Enforcement Officer, Health Officer and Public Safety Inspector.
5 Yes
Order #070-11 To review and act upon approving the Town of Gray Honor Roll and associated eligibility rules.
Councilor Grover moved; Councilor Sturgis seconded
Ordered the Gray Town Council establishes the Town of Gray Honor Roll and associated eligibility rules in the public exhibit labeled Draft 4.
Councilor Gellerson thanked Councilor Grover for all of his efforts on this project. Donnie Carroll of the Gray Historical Society stated that he supports this idea.
5 Yes
Fifth Order of Business: ORDINANCES:
Sixth 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.
Seventh Order of Business:
Council Business: -
Councilor Grover asked about rescheduling the department visits. Councilor Doughty will do
department visits for his purposes. The rest of the Council will pass as they have done them in the past.
Town Manager Cabana stated that some inquiries about marijuana cultivation have come in. The Town
doesn’t have any zoning about this and wants to find out what the Council wishes to do either
applications come before the Planning Board or a moratorium which would require a public hearing.
She read vote outcome by Gray residents in the November state election on the medical marijuana
dispensary ballot question.
David Stevenson stated that he is trying to set-up his business and moratoriums in various communities
are impeding this. He supports this as it is a great cause to help medical patients with their illnesses. He
stated that all the dispensaries in this zone would be in Portland. He is looking for a commercial place
to grow his plants (a maximum of 36 plants) for 6 patients. He stated that the marijuana industry is a
large one and that other states’ laws are more lenient than in Maine. He is looking for support from the
Town as he is trying to comply with Town codes etc.
Glen Peterson is looking to purchase a commercial space to grow his plants to supplement his Biddeford
dispensary as Maine law requires that the product be grown in the same state as where it is dispensed.
He is also a caregiver. He stated that this is a low impact business to the community. There would be no
sign advertising what is there and it is a highly secured facility. He stated that the State Director of the
medical marijuana program isn’t well versed in the law. He is proud to be of service to help these
patients. He wants to work with a community. He stated that the Gray residents’ vote outcome
indicates that the residents support this concept. He stated that it is becoming more and more of a
challenge including federal tax implications. He believes that the community would benefit from this
and he is willing to bring his Board of Directors to speak before the Council in this process. He stated
that the time it takes to get this developed is long. He is interested in purchasing a building which also
has a residence which is ideal for the security. He asked if Gray would view this business as agricultural
or other and would like the opportunity to present before the Council.
Councilor Grover asked about the secure measures Glen described. Glen gave an overview of the
measures and inspection process. The facility would not have anything of value other than the plants
and with a house next to it, would provide ideal security.
Councilor Sturgis stated that the Town has the right to control/zone, it but that a public hearing would
be appropriate. Glen Peterson stated that a public dispensary would have more of an impact than the
cultivation of the plant (which is agriculture) which is what he is looking for. Councilor Sturgis believes
that the public should outline if they view this activity as simple agriculture and a public hearing should
be done.
Councilor Grover would not stand in the way if a Councilor wants to put this on an agenda. Councilor
Doughty stated, in his opinion, that this doesn’t violate any laws but believes a public hearing is in
order.
Councilor Hutchins also supports a public hearing to get their perspective and gather more information.
Councilor Gellerson believes a public hearing is appropriate and recommends it be on the agenda
for the Feb. 15th meeting.
Eighth Order of Business:
Additions to the Agenda:
Ninth Order of Business: Adjournment
Councilor Sturgis moved; Councilor Hutchins seconded
Motion to adjourn
5 Yes
The meeting ended at 9:13pm
Minutes approved and accepted February 1, 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.
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