MINUTES
GRAY TOWN COUNCIL MEETING
January 3, 2012
HENRY PENNELL MUNICIPAL COMPLEX –7:00 P.M.
Roll Call:
Councilors Matt Sturgis, Richard Barter, Lew Mancini, Margaret Hutchins, Matt Doughty
Town Manager Deborah Cabana
Others present and speaking: Lynn Gallagher, Kathy Velek, Norman Tanguay, Amanda St. Pete, Shad Hall, Dean Bennett, Al Palmer, Keith Whitmore
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of December 6, 2011, Town Council Minutes
Councilor Doughty moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves December 6, 2011 Town Council Minutes, as corrected.
Councilor Hutchins stated that on page 2, 3rd paragraph under the Town Manager’s report, the reference should be the Transfer Station and not Public Works.
Councilor Doughty suggested that on page 4, last paragraph under Pam Wilkinson’s comments “for winter maintenance” should be inserted.
Councilor Barter commented on whether or not “reports” from the council chair should be “report” on the agenda. The transcriber suggested letting Town Hall know since they prepare the agendas.
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Lynn Gallagher asked that there should be open comments under the ordinances section of the agenda. Councilor Sturgis stated that this section is for comments on anything if she chooses. She stated that in November, she spoke before the Council requesting a moratorium on any new gravel pits. She stated that at the December Planning Board meeting, comments from the Town Attorney to the Board stated that the Council can make changes in the ordinances. While she doesn’t object to gravel pits in general, her request for a moratorium is due to the numerous safety concerns from a current application. She urged the Council to consider a moratorium for a limited time in order that people can review the ordinance more carefully.
Kathy Velek, 24 Legrow Rd. stated that she is in agreement with Lynn’s comments. She sent an email to the Town about the current gravel pit application. She outlined the process to date as well as her dismay on notification process of abutters. She stated that the Planning Board has made every effort to consider the residents but that they can only follow the ordinance guidelines. She urged the Council to help the Planning Board in this process and urges a review of the ordinance on Class A gravel pits.
Norman Tanguay, 39 Legrow Rd. stated that his property has been part of the Town’s tax base for well over a century and that Legrow Rd. is a very quiet area. He believes the current gravel pit application and how the current ordinance is worded are not good for the community. He believes that it should only be located in a commercial zone. He stated that the applicant has been gracious about making changes and appreciates their efforts. He urged the Council to give some consideration on further gravel pits in the community.
Second Order of Business:
Report from the Council Chair:
Councilor Sturgis stated that Volunteer/Staff recognition event on December 20 was very successful. He read the list of the award recipients and gave an overview of their work in the community.
He also stated that he has sent a letter to the MTA about moving their building and stated that it appeared that they do not want to work with the Town. He stated that a response from Al Palmer, an engineer on the project, stated that they are very willing to work with the Town on this. While they are exempt from local regulations, they are interested in gathering community input and will make a presentation and work with the Planning Board.
The dedication of the Rowan room in Newbegin was well attended and the room transformation is amazing.
Report from the Town Manager:
Town Manager Cabana stated that a new code enforcement officer has begun his work. There are a number of tree service vehicles in the community doing significant tree trimming for CMP. They will be working on this for a good part of the year. Information will be posted regularly on the Town’s website with specific information.
She said that budget information and hearing dates are posted. She reminded people about registering their dogs. There is a mandatory $25 late fee. It can be done in person, by mail or online. She read a letter from the Gray Pantry on the work they have done, their appreciation to the Town for many donations, and the food items they continually need.
Christmas trees can be brought to transfer station at no charge in January and February but they encourage donations be made for the pantry.
Committee Reports:
Councilor Barter stated that the Library Trustees continue their work. He praised Councilor Sturgis for his efforts in working with the MTA and thanked him for the high standards he sets as Council Chair.
Councilor Doughty stated that Ice Fishing Derby is in the works and he is impressed with all the efforts, collaboration and communication in preparation for this event. Shad Hall stated that the committee has been working diligently to address some of the concerns from last year. He reiterated where the proceeds go, gave an overview of the sponsors and the numerous children’s activities that are going to be held. Tickets can be purchased at Hannaford. Councilor Doughty stated that there will be better organized and extensive parking and clean-up efforts.
Councilor Hutchins stated that the Public Safety Committee is reviewing suggestions they received on the wording of the proposed Mass Gathering Ordinance.
Councilor Sturgis stated that he will be attending a Joint Leaders meeting with MSAD #15, and New Gloucester town leaders.
Council Correspondence:
Councilor Doughty stated that has received comments about the Legrow Rd gravel pit proposal. The Council is open to hearing all viewpoints and is looking to be consistent and to find a fair balance on the issues. He appreciates all the conversations and correspondence about this issue. Councilor Sturgis stated that he agrees with Councilor Doughty’s comments. He asked the Council to consider a motion to set up a committee to discuss and review the ordinance at an upcoming Council meeting.
Third Order of Business:
Presentation: Department Head update – Dean Bennett, Director of Recreation
Dean Bennett gave highlights of some of their programs. The summer day camp enrolled over 55 children all summer. The goal is to expand the program next year. The soccer camp was a success. Wilkies Beach had water quality issues caused by the geese over the past summer and appears that it will be a continuing issue and should be considered in the budget. The before /after school program has been successful and the parents love the program. They are unable to expand the program due to capacity limitations. The Halloween party was a success and attended by 350 children and parents. There was a successful tree lighting. A Santa call-in program hopefully will take place next year. A Nordic ski program has begun with 22 students signed up. The Recreation Department is
also offering additional programs in cooking and the arts. He recommends walking paths with benches to be installed on the acquired property behind the Pennell Municipal Complex.
Councilor Barter asked about the future strategic issues and plans for recreation in the Town. Dean Bennett stated that more facilities are needed as the programs have outgrown the current facilities and grounds. Additional recreation staffing is also needed. Councilor Barter asked the activity fees are adequate to fund the programs from the Enterprise Account. Dean stated that at present, it is and pays for 2 fulltime employees. Councilor Barter also asked if the Recreation Department seeks private funding (IE: Liberty Family Foundation). Dean said that this something they would like to look into.
Councilor Mancini expressed his amazement at the successful work that the department has done given limited funding. He stated that if parents believe in the programs they will support them.
Councilor Doughty asked about the impact on waiving the Wilkie’s Beach fees. Dean Bennett stated that public feedback indicated that it was a great idea. He asked about other ideas on changing the revenue stream for funding these programs. Dean stated that if the balance in the Enterprise Account at the end of the fiscal year could be accessed it would help to fund special needs. Councilor Doughty asked about the conditions of the fields and whether or not it falls under capital improvements. Dean Bennett stated that it is scheduled for 2014 which will make them more attractive.
Councilor Hutchins stated that offering a number of different programs is great for the department.
Councilor Sturgis thanked Dean for all of his efforts. He asked about vacation camp. Dean stated that it
had mixed results given the economy.
Public Hearing: NONE
Fourth Order of Business: ORDERS
Item #060-12 To review and act upon an application by Maine Junior Volleyball to rent the Newbegin Gymnasium on a regularly occurring basis.
Councilor Doughty moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves the application by Maine Junior Volleyball to rent the Newbegin Gymnasium on a regularly occurring basis for the month ending January, 2012.
Councilor Barter asked if their cost covers the maintenance of the building. Town Manager Cabana said yes.
5 Yes
Item #061-12 To review and act upon making appointments to the various boards and committees.
Councilor Mancini moved; Councilor Doughty seconded
Ordered, that the Gray Town Council appoints Crystal Brown as a regular member to the Recreation and Conversation Committee for a term to expire August, 2013.
Councilor Doughty commented on all the various other activities that Crystal participates in the
community.
5 Yes
Item #062-12 To review and act upon making an appointment to the MSAD #15, Board of Directors.
Councilor Doughty moved; Councilor Hutchins seconded
Ordered, that the Gray Town Council appoints Shad Hall as a member to the MSAD #15 to replace Todd Bagetis until the regular municipal election on June 12, 2012.
Shad Hall stated that being part of the policy aspect of the school system is something that he believes is important to him.
5 Yes
Councilor Sturgis stated that this is a Council appointment since Todd Bagetis has been deployed to Alaska with the Coast Guard.
Item #063-12 To review and act upon a proposed abatement for property of Christiano Cenci Church, located at 42 Legrow Road, Tax Map 020-020-024-000 for the 2010 and 2011 taxes, as proposed by the Tax Assessor.
Councilor Barter moved; Councilor Mancini seconded
Ordered, that the Gray Town Council approves the proposed abatement for property of Christiano Cenci Church, located at 42 Legrow Road, Tax Map 020-020-024-000 for the 2010 and 2011 taxes, as proposed by the Tax Assessor pursuant to MRSA Title 36 §841.
Councilor Sturgis stated that the abatement request was due to a fire in the building but the abatement was not properly noted in the record. He read the amounts for the abatement.
Amanda St. Pete stated that as an abutter to this property she urges the Town to look into the condition of this building as it is an eyesore and a possible structural hazard.
5 Yes
Item #064-12 To review and act upon a proposed Municipal LED Sign Policy.
Councilor Barter moved; Councilor Doughty seconded
Ordered, that the Gray Town Council approves the proposed amended Municipal LED Sign Policy.
Town Manager Cabana gave an overview on the procedure and review of the Municipal LED Sign Policy. She stated that they wanted it to be reviewed and enacted prior to ordering the signs. Councilor Doughty suggested including in the wording that if the Council weighs in on what appears on the signage, can they also determine the prioritization. Councilor Barter supports the policy but is concerned about the wording of the term “local charity.” It isn’t specific enough and it may create issues or the appearance of favoritism. Town Manager Cabana stated that the Town staff didn’t want to make the decision on the use of a local charity but to let the Council make the decision. Councilor Barter suggests removing “3 or more Councilors” and
changing it to “The Council” and to eliminate the second paragraph. There was a discussion on whether or not the term “local charity” and the criteria describing it provided enough clarity. Town Manager Cabana stated that she agrees with Councilor Barter and that a Council approval would be for a unique situation. The group agreed to the following suggestion: “Exceptions may be granted by the Council on an as needed basis.”
Shad Hill suggested keeping the specific activities previously listed (IE: Patriot Soccer) rather than the proposed change. Councilor Sturgis stated that the suggestion helps clarify events but that some may take place while others may discontinue in the future.
5 Yes
Item #065-12 To review and act upon a recommendation to award the construction contract for the Main Street Sidewalk Project – Brown Street to Pennell Entrance.
Councilor Doughty moved; Councilor Barter seconded
Ordered the Gray Town Council hereby awards the construction contract for the Main Street Sidewalk Project – Brown Street to Pennell Entrance to L.P. Poirier & Sons for the amount of $162,476.50.
Al Palmer gave an overview of the project and the CDBG grant process. 9 bids were submitted. Al gave an overview of the Town match, the Cumberland County, and MDOT contribution for the crosswalks. He stated that while it is not over budget, he suggests using the contingency amount to do more expansion and to consider the requirement from the County to seek approval from the Maine Historical Preservation Commission given that it will go in front of Pennell.
Councilor Barter stated that a resident using a wheelchair asked if the use of brick is the best surface for handicapped users. Al Palmer stated that this is a policy question. Using a bituminous base and setting the bricks on it minimizes the frost heave issues. With this method, it will be ADA barrier free surface.
Town Manager Cabana asked if there are implications to go the Maine Historical Preservation Commission. Al Palmer stated that as long that the project is within the state right of way it should be more of an advisory process but if brick were going down a path to the building, this would change the circumstances.
Councilor Mancini asked about brick pricing. Al Palmer stated that it is based on square yard. It is more expensive to use brick rather than just a bituminous one. Councilor Mancini is concerned about the pricing differences. Al Palmer stated that there are different sidewalk criteria that affect pricing.
Councilor Mancini questioned the $10,000 management fee to GEO Planning Services. Al Palmer stated that the fee includes the grant preparation and application process and that “project application costs” may be a more appropriate term. Town Manager Cabana stated that George Thebarge has been paid as this is from last year and was approved by the Council. Al Palmer stated that this is part of the overall project cost and included it in this report. Councilor Barter asked if the Town is reimbursed this amount as the project has been approved and this figure was a part of the application process. Town Manager Cabana said yes. Al Palmer stated that while it was an upfront cost to the Town, this amount is figured into the Town’s cost sharing.
Given that the Clark Block phase 2 project did not go further, those funds were applied to the sidewalk project. Town Manager Cabana stated that the Council approved returning the funds from the Clark Project to the CDBG. CDBG approved applying the funds to this project.
There was clarification on the bricks being layed on the bituminous surface. Councilor Doughty stated that the quoted brick price is a fair one. He also commented that the average bids were on point and the final bid is fair.
Keith Whitmore asked about excavation depths in the bids and whether or not they were the same. Al Palmer said yes.
5 Yes
Fifth Order of Business: ORDINANCES: NONE
Sixth Order of Business: NONE
Seventh Order of Business:
Council Business:
- Discussion regarding advertisement for the Tax Assessor position Councilor Sturgis commented on the job description. A number of the items italicized appear to have never been implemented and suggests eliminating them. He also discussed the necessary skills in doing in-house evaluations. Given that it may cost more on the employee end, there may be greater savings by not outsourcing this task. Councilor Barter asked if this change divides the potential candidate pool. Councilor Sturgis stated that if a community has an in-house assessor, they should be able to do in-house evaluations and that they know the local market better to do this more accurately. Councilor Barter stated that it can be advertised this way and then determine if the candidates who apply for the position possess the additional skills. Advertising can be done on JobsInME.com, MMA and the New Hampshire Municipal Association.
- Councilor Sturgis asked about forming a committee to review gravel pits.
Councilor Hutchins stated that she should like to get some input from the new CEO and Doug Webster on their suggestions and observations. She asked if the formation of the committee would be specifically focused on this ordinance and then discharged when the work is complete. She stated that if there is such a committee it would be helpful to have people with the expertise on this enterprise.
Councilor Doughty commented on the Comprehensive Plan recommendations and that there hasn’t been closure on these recommendations. It appears that there were unanswered concerns and stated that they should be addressed. While he understands that the DEP controls what goes on in gravel pits, the Town can determine where they can be located and address some public safety issues.
Councilor Mancini supports a committee and has spoken to Doug Webster who can provide some suggestions. He stated that he understands that the rules are what they are, but improvements can be made.
Councilor Barter agrees with the suggestion. There needs to be more volunteers on these committees to get a fair and open perspective. There should be representation from the Planning Board, and gravel pit owners among others.
Councilor Sturgis noted that some recommendations from past Councils were not necessarily good ones. He believes that certain aspects of public safety are within the Planning Board’s role. He also stated that it is also difficult to separate these feelings from gravel pits as a whole versus a current application. He supports a committee to address these concerns. He is not in favor of a general moratorium, but rather a committee.
Councilor Doughty stated that public safety and aesthetic should be explored, along with options given consideration by the Planning Board within the full limits of their authority. Councilor Mancini stated that the Planning Board is frustrated on what they can and cannot do based on the law.
Councilor Sturgis stated that the road width and the Foster Hill Rd intersection safety issues are ongoing concerns. He also commented on road width on Route 115 where a number of pits are located but this application is a new one and a new location.
- Councilor Sturgis asked the Council to give thought to employee compensation when preparing their notes about the budget for the next meeting. Councilor Barter asked what the current CPI rate is. Town Manager Cabana stated that employees pay 20% of their insurance premium which impacts the overall impact to the compensation percentage.
Eighth Order of Business:
Additions to the Agenda:
Councilor Hutchins asked about this Saturday’s department visits. The group previously agreed not to do it.
Councilor Mancini commended Councilor Sturgis on his handling of the gravel pit issue and thanked him for his efforts.
Ninth Order of Business: Adjournment
Councilor Doughty moved; Councilor Hutchins seconded
Moved to adjourn
5 Yes
The meeting ended at 10:05pm
Minutes approved and accepted by its Town Council:
_____________________________ ___________________________
Matthew Sturgis (Chair) Margaret Hutchins
______________________________ ___________________________
Matthew Doughty Lewis Mancini
_____________________________
Richard Barter (Vice Chair)
* 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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