Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Matt Doughty, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: Gary Foster, Fran Monroe, Dean Bennett, Ron Smith, Glen Walton, Rick Licht, Don Hutchings, Chris Dombrowski, Dick Barter, Doug Webster
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of October 19, 2010, Town Council Minutes
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves October 19, 2010 Town Council Minutes, as corrected.
Councilor Doughty indicated that on page 2, his name was misspelled.
Councilor Grover commented that on page 3, there is a typo or spacing issue in the phrase “set at, or near.”
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Gary Foster gave his annual Veteran’s Day salute. He gave an overview of the history of the day and cited quotes. He also reminded everyone to think of, honor and respect all veterans, as well as, those currently serving the nation.
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson reminded people about the monument square planning meeting this Saturday. He stated that he attended an MDOT meeting discussing signage in the Town and that some changes should occur sometime this Spring. He also thanked the Fire Department for their work during last Sunday’s storm.
Reports from the Town Manager:
Town Manager Cabana stated that the majority of people were happy with the new voting location. There were also some that were not happy. About 3,000 people came out to vote. She thanked all the election workers for all their work. She gave some vote outcomes and stated that all the results are posted on the Town’s website. The Graham-Foster election for state representative will go to recount. The Town’s Charter Commission question was defeated.
Committee Reports:
Councilor Hutchins said that Public Safety met to fine tune the Mass Gathering Ordinance and should come before the Council soon.
Councilor Doughty stated that the Street Ordinance Review Committee will be proposing some changes to Chapter 401.
Councilor Grover indicated that the County Budget Advisory Committee met and he gave an overview of some of the proposed expenditures which will result in county tax increases and for Gray of about 1%. A public hearing will be in Raymond on Nov. 18th.
The Dry Mills School House Committee and the Library Trustees will be meeting shortly.
Councilor Sturgis stated that the Recreation and Conservation Committee will meet on Nov. 22nd.
Gary Foster, representative on ecomaine stated that the audit was reviewed and was approved. The audits continue to improve. Assessments for the Town will be reduced a bit. Electrical generation has been down as kilowatt rates have decreased, but October was a productive month.
Council Correspondence:
Councilor Doughty commented on Fire & Safety and that the total number of hours for the storm was significant and their efforts were tremendous and thanked them for their efforts.
Third Order of Business:
Interviews:
Presentations: Annual Audit by RHR. Smith, & Company
Ron Smith commented on the Pennell renovation and commended the Town on their efforts. He gave
an overview of the audit. The Town’s assets are $7.3 million compared to liabilities of $4.3 million.
Also, the undesignated funds are at over $1 million.
Revenue collections were over $144,000 compared to last year and that is much better than
other area towns. Over $250,000 expenditures have been returned back to the Town’s residents.
He stated that the Town’s funds are at 60 days, which is on par. Having reserve funds etc, are
appropriate. The 2 bonds financed are at great rates.
Ron Smith stated that there have been significant improvements in Town management procedures.
There are a few outstanding checks that are being resolved and a few minor issues. He commented on
some departments reviewed. The Library has no issues. The Recreation Dept. has shown some
improvement and the transfer station is a work in progress. All in all, the Town is in good fiscal shape.
Councilor Sturgis asked about the final copy. Ron Smith stated that within the week they should receive it and the numbers he has outlined will not change.
Nathan Tsukroff
Nathan Tsukroff presented an enlarged, framed photo of the Town during the Pennell celebration. This
will be hung in the lobby area of the first floor of Pennell.
Caroline Paras of GPCOG regarding the Brownsfields Assessment results-
This item has been postponed.
Library Trustees
Glen Walton presented the Library Trustees report. He presented a PowerPoint presentation outlining
some of the changes including the interior renovation project. He also outlined the work that the Library
Trustees has done to raise the funds for the project. He stated that the project should be ready for the
Dec. 11th Open House. This project is the first phase, in which funds were raised by donations, book
sales and grant work ($10,000 from the Steven/Tabitha King Foundation) They hope to raise funds for a
second phase project. He outlined the renovation project and the areas within the library that will
change. This will include new furniture, WIFI, e-books, downloadable books, etc. The library will be
closed the week of Thanksgiving. Volunteers will be welcomed to help move books. Please call the
Library to schedule time. The Trustees are excited and looking forward to this project.
Councilor Sturgis thanked the Trustees for their efforts. Councilor Grover also thanked them for their
efforts and looks forward to all the new possibilities for the library.
Public Hearing:
- Proposed Liquor License renewal application for Wayne Pollard d/b/a Jess ‘N’ Nics Pizza and Sandwich Shop, located at Route 100 Gray Plaza.
No public comment.
- 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.
No public comment.
- Proposed Liquor License renewal application, as well as Games of Chance which include Bingo for American Legion Post #86, located at 15 Lewiston Road.
No public comment.
- Proposed General Assistance Ordinance Appendices A-C, as proposed by the State.
No public comment.
Fourth Order of Business: ORDERS
Item #043-11 To review and act on a proposed Public Facilities Use Policy and associated fee schedule.
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves the Public Facilities Use Policy and associated fee schedule, as proposed.
Councilor Doughty asked what justifies the per hour rental fees. Councilor Sturgis stated that the end result is essentially to be at a break even. He outlined a couple of locations and explained the costs associated with having staff there to open and close the building, insurances and the like. The pricing is meant to be reasonable but to help offset the overall costs to the Town.
Councilor Grover stated that he’s comfortable with the guidelines and fees. He is uncomfortable about how it is presented this is a policy statement and should be part of Ordinance 301. He suggests a legal review.
Councilor Sturgis stated that the Town’s counsel has reviewed this and cited section 27 and 28 where the wording was crafted by legal counsel. He stated that with the new facility there is a lot of interest in making use of the facilities, it was concluded that policy and fees should be established. He suggested that the Council approve this without Section 27 and 28 and this can be re-inserted at a later date once this is reviewed further. Councilor Grover suggested striking Section 27 and a part of Section 28. He would like the word “unlawful” removed and replaced with “against Town policy” as it is unenforceable. Councilor Hutchins doesn’t see any issues with the document.
Councilor Gellerson commented on the alcohol policy and who would have oversight. He also commented on the wording and purpose of including digging on the property requiring a permit. He also commented on Section 28 on the “Gray police officer” wording. Councilor Sturgis stated that the digging permit could be for a group wanting the space for a landscaping show, for example. He reiterated striking Section 27 and 28 for the time being until further review as there are some groups who are anxious to make use of the facility.
Councilor Sturgis moved; Councilor Grover seconded
Amendment to the motion: Motion to amend Item # 043-11 to alter the wording in Section 9 to read “alcoholic beverages in public facilities prohibited” and to remove Section 28.
5 Yes
Dean Bennett commented that on page 2 that it should be listed as “MSAD 15” and not “Regional School Unit.”
He also commented on the Wilkie’s Beach Memorial Day to Labor Day policy as some years it remains open beyond Labor Day if the weather permits.
Also cited was Paragraph B with regards to dogs at the beach. It should say “section 9” not “section 11.”
He stated that the Recreation Department has no template for facility permits and will need to be created.
He asked if small groups can access keys and use the facility without Town staff as they have been able to do in the past. Town Manager Cabana stated that over a dozen keys were issued prior to the security changes and the locks needed to be changed. She expressed concerns about too much key access. Councilor Sturgis suggested that this be approved and then these issues reviewed.
Dean Bennett also commented on the rental fees and agrees with the overall building use. He disagrees with the $25 fee per hour for the gym use is somewhat high. Currently, it is $10 per hour for groups of 12 people or less. Heat and electricity, at times, is minimally used. Councilor Sturgis cited the section indicating that the Council has the discretion for groups who wish to use the facility regularly to have a fee change.
Councilor Gellerson suggested a discounted pricing evening or other slots available to encourage use.
Councilor Doughty suggests revisiting this item as there are some opportunities to assess costs and programming opportunities.
Councilor Sturgis moved; Councilor Doughty seconded
Amended motion: Motion to amend Item #043-11 to read “MSAD 15” and that Paragraph B for permitting dog on Wilkie’s Beach to say “Section 11” and not “Section 9.”
5 Yes
5 Yes (Item #043-11)
Item #044-11 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.
Councilor Sturgis moved; Councilor Doughty 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.
5 Yes
Item #045-11 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.
Councilor Hutchins 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 #046-11 To review and act upon authorizing a liquor license renewal application, as well as Games of Chance, which include Bingo, for the American Legion, Gray Post #86.
Councilor Sturgis moved; Councilor Grover 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 Grover asked if this application matches what is currently happening there. Town Manager Cabana stated that it is.
5 Yes
Item #047-11 To review and act upon a recommendation from the Community Economic Development Committee that the Town of Gray sign a letter of agreement with the owners of the Northbrook Business & Industry Campus to negotiate a public-private partnership that will coordinate plans for expansion at their business park with the Town’s larger economic development goals for Area 3 of the Gray Comprehensive Plan.
Councilor Doughty moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves the draft Letter of Agreement with the owners of the Northbrook Business & Industry Campus to negotiate a public-private partnership that will coordinate plans for expansion at their business park with the Town’s larger economic development goals for Area 3 of the Gray Comprehensive Plan.
Fran Monroe asked if the letter was modified. Town Manager Cabana stated that the first letter was sent to the CEDC for review and that there are minor changes in particular a marketing plan. Fran Monroe asked that the letter be read. Councilor Gellerson read the letter.
Councilor Grover stated that the expectation of this letter would include a marketing plan. Town Manager Cabana stated that the formal letter of agreement would include this and that this is a draft.
Fran Monroe asked if new land has been purchased to be included in the area’s TIF. Councilor Gellerson stated that no new land has been purchased. She stated that a similar request was proposed in 2004 and was rejected at that time. She stated that the TIF expansion has not happened (there are 7 lots that remain) and that there has been a minimal expansion of jobs to the community. She believes that the original promises made when the TIF was established have not been met and is a disservice to the community. She recommends that the Council rejects this proposal as was rejected in 2004 since there is little change in the current proposal.
Rick Licht stated that the CEDC fully supports this. The marketing issue is included in Section C1 of the letter for clarification. The Comprehensive Plan defines Area 3 as it is currently used therefore expansion of it meets the requirements. This letter of agreement is a way to incentivize expansion.
Chris Dombrowski stated that he believes that this should be supported. He also believes that the TIF is beneficial to Gray and revenue positive.
Dick Barter stated that he supports this as well. This is an opportunity to re-open the dialogue and that the vote is not for the final product but that the Town is supportive of exploring this further with this study.
Fran Monroe stated that TIFs are good and cited DeLorme Map Company in Yarmouth as a good example. Pineland in New Gloucester is another good example. Both companies have kept their promises to these communities. However, the TIF in Gray has not shown benefit to the citizens and that promises have not been kept.
Don Hutchings stated that things change and that at the time the TIF was established, there was no
by-pass. With the by-pass, the options have now changed. By moving the entrance, it would allow more business development and this area is a good one. This proposal simply allows the conversation to occur.
Councilor Sturgis stated that in 2003, he opposed the proposal as there were no established goals. At present, it is much clearer and that the capacity for a large building to be built with many jobs is even possible. He stated that Libra Corp. did not want a TIF for Pineland, but New Gloucester did. He believes that the letter of agreement is a good step and then the Town would have the final vote approval.
Councilor Grover stated that he would have liked to see more jobs as well, but supports this letter as a first step to the process. Councilor Doughty stated that TIFs are opportunities especially in a town without a waste water treatment facility. Both Councilors Hutchins and Gellerson support this as well.
5 Yes
Item #048-11 To review and act upon a request to implement a system for credit card use for over-the-counter transactions.
Councilor Sturgis moved; Councilor Doughty seconded
Ordered the Gray Town Council approves the request to implement a fully-integrated system for over-the-counter credit card use, as proposed by the Town Manager.
Councilor Hutchins asked about the optional card slide scanner. Town Manager Cabana stated that the cost of the transaction would be passed on to the consumer (2.95%) and that card slide scanner will be needed. There are funds in the budget for this. The Harris computer system currently used will work with InforME to accommodate future online transactions.
5 Yes
Item #049-11 To review and act upon an appropriate manner to liquidate the excess professional furniture and office accessories, as a result of the donation from TD Bank and the move from the old town office to the New Henry Pennell Municipal Facility.
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Town Council authorizes and directs the Town Manager to dispose of the excess professional furniture and office accessories including items donated by TD Bank to help furnish the renovated Henry Pennell Municipal Facility, with the Town Manager to exercise her best judgment and discretion in giving the same to other local governments and/or charitable or non-profit groups located in or serving Gray.
Town Manager Cabana stated that there is a lot of furniture left and that other departments and MSAD 15 have been offered furniture. She has discussed this with Tina Martell and would like to offer this excess to other organizations.
Councilor Grover asked if there are any taxpayer purchases and suggested an auction. Town Manager Cabana stated that there are a few desks from the old building and that an auction would take too much time and they would like to follow TD Bank’s lead by offering it to some other groups/organizations.
Councilor Gellerson suggested that after offering it to Gray organizations that it could be offered to the towns that were visited in the planning of the Penell project.
5 Yes
Fifth Order of Business: ORDINANCES:
Item #050-11 (Second Reading) To review and act the proposed General Assistance Ordinance Appendices A-C, as proposed by the State.
Councilor Grover moved; Council Sturgis seconded
The Town of Gray hereby ordains the approval of the proposed General Assistance Ordinance Appendices A-C, as proposed by the State.
5 Yes
Item #051-11 (First Reading) To review and act on the proposed Chapter 219 (Nude Entertainment Ordinance).
Councilor Hutchins moved; Councilor Doughty seconded.
Ordered the Gray Town Council sets a public hearing on December 7, 2010 for the purposes of approving and adopting the proposed Nude Entertainment Ordinance
Town Manager Cabana reminded the Council that this was discussed at the last Council meeting that this item should be reviewed.
Councilor Grover asked if there will be input from Doug Webster. Town Manager Cabana stated that this is a land use ordinance and has a different means of approval. Councilor Grover has some concerns but overall supports this.
5 Yes
Item #052-11 (First 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 Doughty moved; Councilor Sturgis seconded
Ordered the Gray Town Council forwards 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) to the Planning Board for a public hearing and further orders that the Planning Board reports back to the Council.
Councilor Grover asked about justification to remove this option. Doug Webster stated that a policy decision needed to be made as to where such a business can be located. The set-back distance of such a business requires a change.
Councilor Gellerson stated that he believes since there are some residential areas near the business district. Councilor Sturgis commented on the impact issue. Doug Webster stated that changing it to the commercial district from the business district impacts less residential areas near there. There was also an extensive discussion on 1,000 set-back restrictions and related to particular properties and the potential Town liability, as well as, allowable districts versus meeting the Ordinance criteria.
3 Yes/ 2 No (Grover, Doughty)
Item #053-11 (First 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 Department of Public Safety.
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council forwards 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 to the Planning Board for a public hearing and further orders that the Planning Board reports back to the Council.
Councilor Sturgis stated that this is in reference to a proposal brought forward by PitStop Fuels and supports moving this forward.
The rest of the Council stated that they supported this and appreciate the clarification work done for this.
Doug Webster stated that this change will bring Gray’s Zoning Ordinance in line with other towns.
5 Yes
Sixth Order of Business:
Council Business: -
Councilor Grover stated that he will be away and will miss the Council workshop. He recommends that
the Council submit its nominations for recognition awards.
Councilor Gellerson stated that the public can also submit nominations. It was agreed to have nominations due by December 1st with awards presented at the first meeting in January 2011. He also stated that the Historical Society will review the proposal of other awards previously discussed.
Councilor Sturgis thanked Gary Foster for his annual Veteran’s Day address and appreciates that he
does this each year.
Councilor Gellerson also agreed and the sentiment applies to the work that the Fire & Safety did on
Monday.
Seventh Order of Business:
Additions to the Agenda:
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.
Ninth Order of Business: Adjournment
Councilor Sturgis moved; Councilor Grover seconded
Motion to Adjourn
5 Yes
The meeting ended at 9:35pm
Minutes approved and accepted November 16, 2010 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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