GRAY TOWN COUNCIL
Meeting Minutes
May 21, 2002
Present: Pam Wilkinson, Jack Goosetrey, Jerry Grant, Sue Austin and
Richard Barter
Mitch Berkowitz
Others: John Welch, David Knudsen, Darlene LaFontaine Mark Grover and Jim Crosby.
Chair Wilkinson called the meeting to order at 7:00 p.m.
First Order of Business: Public Hearings/Presentation
Ø Official Public Hearing on the Adopted Budget
John Welch, a Mayberry Road resident asked if the adopted budget would be discussed at the May 28th meeting. Mr. Welch said that he thought he had seen it advertised. The Manager explained that the workshop meeting set for the 28th would be for the purpose to satisfy the adoption of the budget, but added that he would check to see if it was advertised otherwise. There was no other public comment. The public hearing was closed.
Ø Public Hearing on the Set back Ordinance Amendments
Dave Knudsen a Gray resident and member of the Ordinance Review and Zoning Board of Appeals committees addressed the Council regarding the wording contained in the revisions to Section 402.8.
Councilor Wilkinson noted that the proposed amendment would help to clarify the old ordinance and that comments were sent to both the State and the Town Attorney for advisement. The State recommended one minor adjustment as follows: (underline=addition strikethrough=deletion)
“Bovine, cloven hoofed animals, horses or other types of riding or laboring animals, such as horses may be kept in any district except the Limited Residential, Resource Protection and the WH2D, provided that there is a minimum of #120,000 SF of land owned, rented or leased for the first animal to be kept thereon and an additional 10,000SF for each additional animal to allow pasturing and disposal of animal waste. Animals must be housed at least fifty (50) feet from the front or rear lot line and twenty five (25) feet from any side lot lines and from the edge of any water body all in full compliance with the best management practices and a Nutrient management Program per the current State Statures, Rules and Regulations (MSRA 4204 Chapter 747). “Any increase in the number of animals kept on the minimum lot size shall first
require the owner to prepare, submit and receive state approval for the Nutrient management Program have and implement a Nutrient Management Plan prepared and approved by a Nutrient Management Planning Specialist who has been certified by the Commissioner of Agriculture before any local approval may be granted.”
Mr. Knudsen requested that the Ordinance Review Committee adjust the text so that it reads with more clarity. David suggested the sentence pertaining to the setback distances and the water body be made into two separate sentences. He also proposed the phrase “nutrient management practices” be further clarified. David asked the Council to wait until the Committee reviews the wording before the Council takes action. The animal waste reference should have setback requirements noted in the ordinance regardless of the reference to the state law.
John Welch said it sounded like the ordinance was being changed to implement agricultural purposes and wondered what zones would be affected. John said he had concerns about the 25 ft. distance from the water body requirement and worried the town s three lakes could be negatively impacted, as was the case with China Lake. John said that slope and rain runoff can affect the lakes and more discussion and consideration should be given to that factor. Councilor Wilkinson said the ordinance would not be implemented in residential areas. John I don t think this strikes me as being something that I would like to see.
Councilor Wilkinson commended Darlene LaFontaine s work on the proposed change to Section 402.8. Ms. LaFontaine explained that best management practices encompass manure management which requires that manure be spread from May through November each year, or be removed. For the remaining months, manure is allowed to be piled. Darlene added that the state s agricultural department approved the water body wording and the distance restriction of 25 ft. In addition, setbacks are monitored by the state to address compliance. Farm ponds are not considered part of the Lake District and those areas are not fenced in.
There was no other public comment.
Ø Public Hearing on Liquor License Renewal of Brad Pollard, d/b/a Spring Meadows Golf & Country Club
No comments from the public.
Public hearing was closed.
Ø Public Hearing on Mobile Vendor License Renewal of Alan Golick, d/b/a AG Ice Cream Inc.
No comments from the public.
Public hearing was closed.
Ø Public Hearing on Warrant Articles
Councilor Wilkinson read the warrant article for the benefit of the public.
Article 1. To see if the town will vote to amend the First Amendment to Route 100 Municipal Development and Tax Increment Financing Development Program in the form presented at this Town Meeting, and the Town Manager and the Town Council are hereby authorized on behalf of the Town to take actions described in said Development Program, as amended, including submission of such First Amendment to the Commissioner of Economic and Community Development for approval and execution of a Credit Enhancement Agreement with the Gray Water District as described in such First Amendment. The Town Council recommends a “yes” vote.
Article 2. To see if the Town will vote to amend the December 6, 1997 Town Meeting authorization of the issuance of general obligation bonds or notes relating to water line improvements along route 100 to authorize the Town Council (a) to issue general obligation bonds or notes on behalf of the Town and/or (b) to enter a contract with the Gray Water District pursuant to which the Town shall pay to the Gray Water District all debt service, including principal and interest, on bonds or notes issued by the Gray Water District, in order to finance the costs of construction of a 16: public water line and related facilities running up to 2.4 miles from Gray Village along Route 100 toward Whitney Road, hereby authorized that the combined principal amount of the bonds or notes issued by the Town and by the Gray Water District for such purpose shall
not exceed $1,9000,000, with the details of such bonding, contract and project to be determined by the Town Council. (The Town Council recommends a “yes” vote). Total estimated debt service of this bond issue is $3,139,036.00, of which principal is $1,900,000 and estimated interest at 4.9% over 20 years is $1,113,936.00.
Article 3. To see if the Town will vote to authorize the issuance of up to $189,000.00 in general obligation bonds or notes to pay and reimburse the costs of the purchase of the former US Post Office land and building next to the existing Town offices on Shaker Road and to pay for costs of engineering and design of certain improvements thereto, with the details of such bonding to be determined by the Town Council. (The Town Council recommends a “yes” vote). Total estimated debt service of this bond issue is $204,120.00 of which principal is $189,000 and estimated interest at 4.0% over 3 years is $15,120.00.
Financial statement- Town of Gray: The issuance of bonds by the Town of Gray (the “Town”) is one of the ways in which the Town borrows money for certain purposes. The following is a summary of the bonded indebtedness of the Town of Gray as of the date of this Town Meeting:
Bonds Now Outstanding and Unpaid $703,428.00
Interest to be Repaid on Outstanding Bonds $147,883.00
Total to be Repaid on Bonds Issued $851,310.00
Additional Bonds Authorized But Not Yet Issued -0-
Total Additional Bonds (now proposed)
To be issued if Approved by Voters $2,089,000.00
Estimated of Potential New Interest $1,129,056.00
Total Additional Bonds To Be Issued and
Estimated Interest If Approved by Voters $3,218,056.00
When money is borrowed by issuing bonds, the Town must repay not only the principle amount of the bonds but also the interest on the bonds. The amount of interest to be paid will vary depending upon the rate of interest and the years to maturity at the time of issue. The validity of the bonds and of the voters ratification of the bonds may not be affected by any errors in the estimates made of the costs involved, including varying interest rates, the estimated cost of interest on the bond amount to be issued, and the total cost of principal and interest to be paid at maturity.
Mark Grover a Johnson Road resident asked at what point there would be discussion on the use of the Post Office. Councilor Wilkinson replied that at the next special meeting there would be discussion. The Town has an opportunity to set aside the Post Office property to that will explore the future potential for a municipal office expansion. The purchase would also enable the Town to provide handicapped access to all municipal offices, which the Town is unable to do with its present office. It also provides an opportunity for the Offices to remain in center of the village and eliminates the need to rebuild a larger facility in another less central area of Gray.
Mr. Grover asked if the Town would be including a study that would review a proposal to study the possible location of a town museum in the new building. The Manager said that while the Town has not offered space for a museum in its early preliminary designs, this idea could be presented to the public and considered if the voters approve the purchase of the building at Town Meeting on June 8th. The people of the Town will have the opportunity to come up with ideas for designs and while a museum would add to the costs associated with the purchase, it could be decided by the voters as an option. A committee will be formed (if the voters approve of the Post Office purchase at Town Meeting) that will explore various alternatives for the use of the building.
Mr. Berkowitz explained that the entire concept of the Post Office purchase came about when the new postal facility was built and the former abandoned. If the Town approves the purchase, an easement can be grant so that if the building were sold, a commercial/retail/drive through-type of business would not be able to take over the building and create further traffic problems to the already congested corridor. An affirmative vote will enable the Town to sell the property or expand it for municipal use. The voters will decide the lease-purchase agreement on June 8th. Mr. Welch said that other possibilities should have been discussed earlier on in the process and not have had to wait for the June election.
Councilor Wilkinson explained that the Town did look at other options like Pennell, and the school department moving to Russell School. These discussions took place at the time the lease agreement was offered to the Town. If the voters approve the Town will be able to preserve the type of town atmosphere that has been a priority to the residents of Gray. John said he would have liked to have more facts and figures for costs associated with the town office moving to Pennell Institute. Councilor Barter explained that concepts could be discussed. The opportunity to purchase abutting property was brought to the town for consideration and if approved opens the door to all sorts of possibilities for the Town. Without the purchase, there are no avenues for discussion of any kind, which is why purchasing it, secures the Town s options. In the
event the residents opt not to use the property, it can be sold at no additional cost to the Town. John Welch said that he agreed with most of what had been explained to him but hoped that the Committee that is formed has broad discussions that include input from the residents.
Councilor Goosetrey explained that the current Town Office has to be brought up to code to accommodate the American Disabilities Act standards. This is an important component that the Town needs to look at. There is also a problem with inadequate document storage, which the additional space could provide and the Town needs.
There was no further public comment. Public hearing was closed.
Second Order of Business:
Approval of May 7, 2002 Town Council Minutes
Councilor Grant moved. Councilor Goosetrey seconded, to approve the minutes as presented.
The Council s vote was unanimous.
Third Order of Business:
Reports from the Council Chair
None
Reports from the Town Manager
The Manager reported the Council would not meet on Monday, May 27th in observance of the Memorial Day holiday. The parade will begin at 11:00 a.m.
Council Workshop will be held on May 28th preceded by public hearings, which pertain to the warrant articles.
Only plastics with the number 2 in the triangle on the bottom of containers can be recycled.
On Friday, May 24th at 10:00 a.m., a memorial dedication ceremony in honor of Robert Schelgel, a former GNG high school student, will be presented at the High School. Mr. Schelgel worked at the Pentagon and was killed on September 11th.
Gray Celebration Days Committee will meet on Friday, May 24th at 9:00 a.m. Everyone is welcome to attend.
Committee Reports
A meeting was held with the regional towns to discuss ongoing needs. Joint Leaders/SAD 15 met to discuss the budget, tax implication, summer projects, recreational needs, facility needs and the possible consolidation of Gray and New Gloucester s recreation departments.
Council Correspondence
The public library wishes to have their membership terms expire on alternating years. This will be added to the next agenda.
Crystal Lake Association thanked the Council (in their letter) for meeting with Mr. Bennett to view plans that will address safety at Wilkies Beach. The Association requested the Council consider having the beach attendants inspect boats and trailers for milfoil and other species that can contaminate the water. Councilor Wilkinson said the letter would be forwarded to Inland Fisheries and the State.
Fourth Order of Business:
Committee Appointments and Resignations
None
Committee Business
None
Workshop Status
At the May 13th Workshop: TIF discussion re: Water District and CEDC.
A presentation on the proposed town office concepts for the Post Office was reviewed.
Proposal for Gray Green Up was discussed.
Request offered by Jim Gray on an auctioned property.
Pineland Tour Invitation was extended to Council members and Boards.
Council Business
Fifth Order of Business:
Reading of and Additions to the Agenda
Sixth Order of Business: New Orders
Order #86: {Second Reading}
Council review and action by Ordinance on proposed changes to Set Backs. Sponsor Town Manager.
Councilor Grant moved to accept the proposed changes to the setbacks in the town ordinance, Section 402.8.
Councilor Goosetrey seconded the motion.
“Any increase in the number of animals kept on the minimum lot size shall first require the owner to prepare, submit and receive state approval for the Nutrient management Program have and implement a Nutrient Management Plan prepared and approved by a Nutrient Management Planning Specialist who has been certified by the Commissioner of Agriculture before any local approval may be granted.”
Mr. Knudsen appealed again to the Council that the ORC review the wording before voting. Mr. Welch agreed saying the wording has flaws and needs to be tightened up prior to any action being taken. Ms. LaFontaine said Section 402.8 addressed the setback issues and was reviewed by the agriculture compliance officer. With Council approval, the Town s CEO is removed from the burden of reviewing and monitoring compliance and it is shifted to the State who- is the leading authority on hoofed animals.
Councilor Austin thanked Ms. LaFontaine for all the time and effort she put into working on the proposed changes to the Ordinance. Councilor Austin suggested the two separate sentences Mr. Knudsen proposed would help to clarify the reference to the water bodies and the required setback distance. Ms. LaFontaine said that the water body distance would fall under the State s regulation and the State do not have any issues with farm ponds. Councilor Austin said that she discussed having the ORC review the wording at the last workshop and still felt they should review it before the vote. Mr. Knudsen added that the town couldn t expect people to do what is right unless it is stated in the ordinance. Darlene said that the State has reviewed the wording and found it to be clear in addressing the requirements. Councilor Austin said that the work
that was done almost single-handedly by Ms. Fontaine was to be commended but she still thought the ORC should have the opportunity to review it. The Manager commented that the proposed language is not new to the ordinance. The Council discussed what the past practices have been with regard to ordinance changes which allows the Council to take action when the Committee is busy with full agendas. The ORC has been working for several months on revising the Town s Street Construction Ordinance-, which it recently completed.
Councilor Barter moved to TABLE the matter for two weeks noting the document is not flawed but the extra time would allow more due diligence with regard to minor language changes under the ORC s direction and will be added to the June 4th agenda.
Councilor Grant seconded the motion.
It was noted the ORC does not meet again until June 6th and has not been able to meet for extra meetings due to the Committee members schedules and other commitments.
Ms. LaFontaine said Mr. Knudsen views are tainted and she requested that the Committee conduct a fair review. Councilor Barter stated that if the Committee cannot meet in time for the next Council meeting, the Manager would be directed to obtain the Town Attorney s opinion. Ms. LaFontaine said that she would take the matter up with Mr. Berkowitz concerning Mr. Knudsen s comments.
The Council s vote was 4-1. (Austin opposed)
This order requires a majority vote after an opportunity for public comment.
Order #87:
Council review and action to accept the liquor license renewal of Brad Pollard d/b/a Spring Meadows Golf & Country Club. Sponsor Town Manager.
Councilor Grant moved to accept the liquor license renewal of Brad Pollard d/b/a Spring Meadows Golf & Country Club.
Councilor Goosetrey seconded the motion.
The Council s vote was 4-0-1. (Barter abstained)
This order requires a majority vote after an opportunity for public comment.
Order #88:
Council review and action to accept the Mobile Vendor License renewal Alan Golick, d/b/a AG Ice Cream, Inc. Sponsor Town Manager.
Councilor Barter moved to accept the mobile vendor license renewal for AG Ice Cream.
Councilor Goosetrey seconded.
The Council s vote was unanimous.
This order requires a majority vote after an opportunity for public comment.
Order #89:
Council review and action to amend the mobile vendor license ordinance. Sponsor Town Council.
Order #89 is a First Reading to amend the mobile vendors license ordinance, which is to be amended to include ice cream vendors.
Page 1 Section 212.1 Title and Purpose:
This ordinance applies to any mobile food service establishment, including ice cream vendors, hot dog stands, pushcarts, and other food services., that are located on private property. Mobile units for the sale of food on public ways is regulated by the Lunch Wagon Statute under 30 A MRSA Section 3931.
Section 212.2 to be amended as follows:
Paragraph 2, Definitions-
“Mobile Vendor” shall mean and include any food service establishment not more than eight (8) feet in width and eighteen (18) feet in length attached to wheels and which is capable of moving under its own power or being self contained unit to be readily moved and must have a was basin or other types of sanitation and napkins if selling food and which has all utilities and facilities contained within it or is capable of hookup thereto, in order to serve persons present at its location or at several locations. The term shall exclude any use which falls exclusively within the definition of “lunch wagon” under 30 A- MRSA See 3931 as amended from time to time.
“Public Way” shall mean any portion of an accepted public road, state highway or way including but not limited to improved travel ways, sidewalks, shoulders or drainage ditches.
Page 3, Section 212.6 Scope of Authority-
.. A mobile vendor shall operate only in areas that have been approved prior to their use by the private property owner or for any public way, the Town Code Enforcement Officer and shall not be permitted to randomly select a location on a public way that is within 25 feet of a curb cut entrance, set up in any portion of the travel way or any other location such that the line of sight or travel is obstructed or a safety hazard is created on private property and not within any public ways.
Page 3. Section 212.7 Operating Standards-
A. Location. A mobile vendor may operate only on land that is owned by the operator or land, which he/she has written permission to use. If the mobile vendor is to be operated on land that is not owned by the operator, a copy of the written permission to use the land of another property owner must be submitted to the Town Council along with the original application on such forms as the Town shall require. A mobile vendor may operate on a public way only upon approval of the sites included in their license application or by the CEO for special occasions.
Page 4, Section 212.9 Insurance-
The license shall provide certificates of insurance for automobile liability insurance, general liability insurance and food handlers-vendors insurance polices in this state for injuries to persons and property resulting from the use and operation of the vehicle to be licensed.
Such …The automobile insurance policy shall be issued for the principal sum not less than $400,000 sufficient to provide indemnity in an amount of not less than the maximum available under the automobile insurance plan, also know as the assigned risk plan, for bodily injury, death and property damage. …
The general liability insurance policy shall be issued for the principal sum of not less than $400,00. The vendor shall name the Town of Gray as additionally insured and the vendor shall indemnify and hold harmless the Town of Gray against any and all claims whether in equity or law from acts and omissions or damages that may result from or be occasioned by the operations under the issued license.
Section 212.11 Grounds for Suspension or Revocation- A license granted under the authority of this ordinance may be suspended or revoked by the Town Code Enforcement Officer for situations that are deemed unsafe, hazardous, or unhealthy. The license may be revoked by the Council, after notice of hearing, when the Council determines that the license has violated any condition of this ordinance or any other applicable law, or any conditions of the license granted to him/her.
Councilor Grant moved to accept the proposed amendment to ordinance for Section 212.2 for a First Reading.
Councilor Barter seconded the motion.
Councilor Wilkinson clarified for John Welch that the size limit for the mobile vehicle cannot be more than 8 ft. If in fact the vehicle exceeds 8 ft., the vendor will not be issued a mobile vendor license. John inquired about the reference on page 3 if pertaining to noise levels from loud speakers. He asked if the Town had a way of measuring noise to determine if the level exceeds the ordinance s 60-dBA limit. Mr. Berkowitz explained that the Town could obtain a decibel meter if necessary and the Town would address any complaints.
Jim Crosby, an employee with AG Ice Cream inquired about the washbasin requirement and explained that the mobile units cannot accommodate washbasins in their trucks. Mr. Berkowitz clarified that the requirement pertains to the servers or employees and not the general public. Mr. Crosby stated that servers use disinfectant hand creams for sanitary purposes. Jim explained that the loud speakers used in the vehicle do not produce 60 decibels and noise will not be an issue.
Councilor Austin questioned the increase in insurance to the vendors of $400 dollars. The Manager explained that the amount was reviewed by the Town Attorney which was previously not in compliance and was established not to exceed $400 dollars. Councilor Grant added the insurance was added because the ordinance did not cover mobile vendors in public ways.
The Council s vote was 4-1 (Austin opposed)
This order requires a majority vote after an opportunity for public comment.
Order #90:
Council review and action on the proposed warrant articles. Sponsor Town Manager.
Scheduled for May 28th. No action taken.
This order requires a majority vote after an opportunity for public comment.
Order #91: Gray Green up Days
Council review and action to adopt the program. Sponsor Town Manager.
Mitch explained the Gray Green Up Days program which if adopted will encourage residents to bring in roadside articles at no cost and will also provide no cost disposal of household items such as tires (up to four) twice a year. Randy Cookson proposed having Memorial Day and Labor Day weekends for the Green Up Days. All items can be brought to the transfer station for disposal, but demolition materials are excluded.
Councilor Barter moved to adopt the Gray Green Up Days Program.
Councilor Grant seconded the motion.
Councilor Barter suggested the Town consider having a spring and fall date that does not fall on holiday weekends so that residents who are out of town can participate in the program. The Manager agreed to discuss the fall/spring weekends with Randy Cookson but explained the action tonight would be for the holiday weekends mentioned above and would pertain to this year only.
The Council s vote was 5-0.
This order requires a majority vote after an opportunity for public comment.
Order #92:
Council review and action regarding the Little Sebago Lake Association Phase II Watershed Survey. Sponsor Town Council.
Councilor Wilkinson explained that the Lake Association was approached to help work on a watershed shed survey in conjunction with Wendy Garland of the Maine Department of Environmental Protection.
Ten professionals worked with Lake Association members to help with field training in the identification of erosion areas and simple remedies that can be implemented to help reduce erosion. Jeff Brinks informed the Town that Crystal Lake would be the next project area and has asked for Town support. Last year the Town contributed $1,000 dollars and Jeff is asking for the same level of support this year. Councilor Wilkinson said that this program is in direct line with the town s new Water Quality Program and benefits everyone. She suggested the Council direct the Manager to write a letter in support of the Cumberland County Soil and Water Conservation District s Phase II survey expressing support of the program. A board member will be appointed that can provide an opportunity for a Steering Committee to report findings back to the Town when
the survey is completed.
Councilor Barter moved to support the Little Sebago Lake Association Phase II Watershed Survey.
Councilor Goosetrey seconded the motion.
Councilor Barter amended his motion to include a $1,000 dollar contribution to the watershed survey contingent upon the passage of the Town s budget on June 8th.
Councilor Goosetrey seconded.
John Welch asked if the $10,000 dollars set aside for water quality was included in the budget. Councilor Wilkinson said that there were no appropriations from the last budget in that account.
The Council s vote was unanimous on both the main and amended motions.
This order requires a majority vote after an opportunity for public comment.
Seventh Order of Business: Tabled Orders
Order #79:
Consideration of Victualer and Mobile Vendor renewals as follows: Sponsor Town Manager.
Remained TABLED.
Robert Prevost, Sr. d/b/a Pizza Paddle Restaurant, Gray Plaza
Wayne Pollard d/b/a Jess n Nics, 71 Portland Road
Jason Klein d/b/a Mr. Bungle s Ice Cream, throughout Gray
This order requires a majority vote after an opportunity for public comment.
Eighth Order of Business: Standing Orders
Order #1:
Public Discussion of Non-Agenda Items.
None
Order #2:
Council approval of Pole Permits to Central Maine Power and Pine Tree Telephone Company.
One pole permit was requested.
Councilor Goosetrey moved to approve.
Councilor Grant seconded.
The Council s vote carried unanimously.
This order requires a majority vote after an opportunity for public comment.
Ninth Order of Business:
Adjournment
Councilor Grant moved and Councilor Barter seconded, to adjourn the meeting.
The Council s vote was 5-0.
Meeting adjourned at 8:29 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recorder
Notary Public
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