GRAY TOWN COUNCIL
Meeting Minutes
May 7, 2002
Present: Pam Wilkinson, Jack Goosetrey, Jerry Grant, Sue Austin and Richard Barter
Mitch Berkowitz
Others: Jim Monroe, John Welch, Georgia Humphrey, Matt Sturgis, Dick Wood, and Wayne Wood
Pam Wilkinson called the meeting to order. The meeting began with an Executive Session regarding personnel matters, a review of the Manager’s Evaluation and a review of a request for a poverty abatement.
Mr. Grant moved to go into Executive Session at 6:15 p.m. to discuss personnel matters, a review of the Manager’s Evaluation and a poverty abatement request.
Mr. Barter seconded.
It was moved and seconded to come out of Executive Session at 7:00 p.m.
Council Chair reported that there were 2 poverty abatement requests and that they would both be TABLED for the next 60-day period. No action will be taken this evening. The town attorney will review the Manager’s contract with the Council proposing a 4% increase for the Manager.
First Order of Business: Public Hearings/Presentation
Ø 6:30 p.m. Public Informational Meeting on the Proposed Budget.
Due to the extended Executive Session- the public informational meeting did not begin until 7:00 p.m.
The Manager reported that two adjustments are needed to be made to the proposed budget, which will require Council approval. The adjustments are due to an increase for solid waste disposal and an increase for Public Works for engineering services to comply with OSHA regulations. The total increase amounts to $10,245.00 and the order will incorporate this figure into the new total, which is $4,014,355.81.
Councilor Wilkinson explained that while the Council wanted to keep the budget down, they simply could not do it. Certain things have needed to be done that have been put aside for years to the detriment of the town. Building maintenance and a plan for continued upkeep and improvements will begin with this new budget. The need for sidewalks in areas like Apple Tree Village and Dry Mills with monies being appropriated into a sidewalk fund. A water quality program for the town’s lakes is another proactive measure that is included in the proposed budget. Supporting the town library that provides services the town residents with increasing demands. A new pay-as-you-go approach, improved technologies that will enable residents to have access to the town office via the internet, recreational support for youth and senior programs, fair
compensation for the town’s employees, and economic development support that will help offset the tax burden by encouraging more business development in Gray.
Jim Monroe, a Lewiston Road resident asked what the average wage increase is proposed for town employees. Councilor Wilkinson explained that a wage survey was done and compared Gray’s employee wages to other towns and some necessary changes were made. Mr. Monroe asked if there was a dollar or percentage values attributed to the raises. Mr. Berkowitz explained that the overall average was between 6-8%. Mitch said that the town was grossly below some of the market averages – 35-40% below. The proposed increase would bring them to 10% below the average.
Councilor Barter called the entire process extraordinary with regard to the involvement of the town’s manager, and department heads, a review of qualifications, attrition, and employee values Councilor Barter explained that it will take several years to bring the compensation up to where it should be in relation to other communities but the step increases were the beginning of the process.
Mr. Monroe commented on the employees’ involvement with the wage survey. Mr. Berkowitz explained that Maine Municipal Association reviewed the survey and found it was done exactly as if the town had contracted the work out. Mitch answered Mr. Monroe’s question about the town’s crisis fund by explaining that the cap is 1/12 of the operating budget that includes the overlay component for the schools. Jim Monroe suggested the Charter Commission review the crisis fund with regard to a cap and the use of the provisions and how they are extracted. Mitch explained that the utilization of the funds has been established and the cap floats. The purpose of the fund is to provide the community with monies in the event of an emergency. The next issue Mr. Monroe raised questioned the reasons behind an increase in winter materials
for the Public Works Department. Mitch replied that while the winter was mild with regard to snowfall, there were many freezing rain/ice events that caused the town to run out of salt and sand. The department used a lot of materials this past winter on the town’s roads. Jim mentioned Canada’s declaration that road salt is toxic and he asked what the town’s road salt had in its ingredients. Mitch said the town uses a mixture and has the information at the town office.
Pam Wilkinson addressed Mr. Monroe’s question regarding the increase in health costs. Councilor Wilkinson explained that the town is looking at other options to help keep health costs down. The town employees and their families are covered under the health insurance plan. Mitch explained that there are two plans: a point of service and indemnity plan. There is a copay associated with the point of service plan. The town belongs to a risk pool, which means that it is offered a better price than through an insurance broker.
Councilor Wilkinson noted that the current reassessment of properties the town is undergoing, will not be reflected in this budget. Any revenues generated from the reassessment will come into effect one year from this August. Mr. Monroe asked for a list of slush funds. Mr. Berkowitz stated that the appropriations for the town’s reserves are shown in the numbers contained in the written budget. An audit process handles the appropriations and the reserve accounts have been explained and are available. Mr. Berkowitz added that without having reserves you cannot take advantage of the market interest rates that are currently in effect. Mr. Monroe also inquired about the TIF, the delinquent tax increase and several other items outlined in the budget.
John Welch, a Mayberry Road resident felt the time allotted for discussion was not adequate and asked that more time be made available to residents that have questions regarding the budget. Councilor Wilkinson said that tonight’s meeting was an informational meeting and there was time allotted for discussion at the last council meeting. A formal public hearing will be held on May 21.
Georgia Humphrey expressed her concerns regarding the crisis fund. Ms. Humphrey suggested the Council review the Charter, which she said, she could not find on the town’s website. Ms. Humphrey said the fund is evaporating cash flow and the taxpayers of Gray are not a bank. Georgia suggested that the proposed 172% increase be cut in half and the recreation and water quality increases be reduced by half. Comparing Gorham’s mil rate of 17.40 to Gray’s 22.0 – Ms. Humphrey suggested the town wait until the property evaluation is complete to make more increases.
Matt Sturgis asked about why the town’s revenue figures have hardly moved this year when there have been significant increases over the past five years. Mitch explained that the state reviewed the last five year period and found in some cases the town was bumping revenues and that they were not coming in the way they should creating false revenue figures. The town experienced lower transactions, and met with the Finance Committee to look at this. The town’s revenue figures are taking a conservative approach in this budget to ward off false figures. Matt mentioned the town’s plumbing permit fees did not increase as much as other fees and wondered the reason behind that. Mitch said the CEO made that recommendation and he could obtain more information on the plumbing permit fees. With regard to Line 28/Buildings and
Grounds, Mitch explained that the reserves would be used for several projects including cable installation, handicap bathroom accessibility, carpeting, roofing repairs and other overdue projects. The town’s bridges have never been addressed before, and this is also something that needs to be maintained on an ongoing basis.
Public Hearing on Proposed Amendments to Existing Ordinances by Deleting Fee Amounts and to Establish a Consolidated Fee and Fine Schedule.
There were no public comments on the proposed amendments to the existing ordinances/fee schedule.
Ø Renewal of the following Victualer and Mobile Vendor licenses that will expire on May 31, 2002:
Renewals:
Richard Prince d/b/a American Legion Post. 86, 15 Lewiston Road
Laureen Terry d/b/a Auto Auction of New England, 53 W. Gray Road
B, H & V, LLC d/b/a B & R Dairy Bar, Gray Plaza
Ramona J. Tessier d/b/a Busy Bee Restaurant, 272 Portland Road
Denise Martin d/b/a Burger King, Mile 57, Maine Turnpike
Bing Chan d/b/a China Gray, 13-15 Main Street
Zhen Ben Huang d/b/a China Village, 271 Shaker Road
Bradley Pollard d/b/a Cole Farms, 64 Lewiston Road
Bradley Pollard d/b/a Spring Meadows Golf & Country Club, Lewiston Rd
Ralph & Elaine White d/b/a White Cue Connection, Gray Plaza
Peter Kupolos d/b/a Dunkin Donuts, 3 Shaker Road
Stephen Witham d/b/a Fox Hill Farm, 31 Weymouth Road
John Heretakis d/b/a Gray House of Pizza, Main Street
Wayne Pollard d/b/a Jess ‘n Nics, 71 Portland Road
CSK, Inc. d/b/a Loose Moose, 61 Portland Road
Quintel IV, LLC d/b/a McDonald’s Restaurant, Main & Brown Street
Robert Prevost, Sr. d/b/a Pizza Paddle Restaurant, Gray Plaza
Donald & Mary Hebert d/b/a Julien’s Restaurant, 322 West Gray Road
Kevin Tombarelli d/b/a Crossroads Antiques & BBQ Barn
There were no public comments on the renewals for victualer licenses.
Mobile Vendor Licenses:
David Klenda d/b/a Klenda Seafood, Dunn’s Auto Parking Lot
Jason Klein: d/b/a Mr. Bungle’s Ice Cream, throughout Gray
Lonnie Humphrey d/b/a Lonnie Dogs, IGA Parking Lot, Main Street
John Welch noted that in years past, vendors would have to make arrangements with landowners if they parked on private properties. Mr. Welch specifically mentioned Mr. Bungle’s Ice Cream that travels on both state and private roads in Gray. John asked if the town could find out if the law has been changed because if it has not, Mr. Bungle’s Ice Cream would not fall under the mobile vendor category. John suggested the town look into the matter prior to issuing a renewal. He noted that a moving mobile vendor is not mentioned in the ordinance and safety and other issues may need to be reviewed. Councilor Wilkinson said the Council would look into the matter.
With no other comments from the public, the public hearing was closed.
Second Order of Business:
Approval of April 16, 2002 Town Council Minutes
It was moved by Councilor Grant and seconded by Councilor Goosetrey to approve the minutes as presented.
There were no other comments or correction.
The Council’s vote was unanimous.
Third Order of Business:
Reports from the Council Chair
None
Reports from the Town Manager
None
Committee Reports
None
Council Correspondence
Crystal Lake Association will be having a clean up day at Wilkies Beach on Saturday, May 11th at 9:00 a.m. (rain date Sunday, May 12th at 1:00 p.m.)
Little Sebago Lake Association is conducting a water shed survey to help identify non point source pollution areas and phosphorous. Information will be provided to residents upon request.
Fourth Order of Business:
Committee Appointments and Resignations
None
Committee Business
Councilor Austin reported she received correspondence from Craig Denekas, Libra Foundation. The Council has been invited to tour the Pineland Campus. The Council will discuss what dates are available at the next workshop.
Workshop Status
At the April 22 workshop the Council postponed an interview with Sarah Perry, received an update on Yarmouth Lumber Company, discussed setback requirements for animals, heard a presentation by Dale Eldridge/soccer tournaments, discussed the mass gatherings ordinance, Little Lady Dribblers request, and the Manager’s evaluation.
Both Councilor Wilkinson and Councilor Barter discussed the recent Regional Meeting that was held at Pineland and the GPCOG presentation on urban sprawl. There is a growing enthusiasm among those in attendance at the regional meetings and many ideas are being explored with a more common focus. The communities are aware that the state is passing regulations, which are in conflict with the best practices for towns - but the “collective voice” will make a big difference.
Council Business
· Appointment of Election Clerks
Mr. Berkowitz read the names of the Election Clerks that are required to be appointed by the Council.
There were no nominations from the Green Party.
Councilor Barter moved and Councilor Austin seconded the motion.
The Council’s vote was unanimous.
Fifth Order of Business:
Reading of and Additions to the Agenda
Sixth Order of Business: New Orders
Order #79:
Consideration of Victualer and Mobile Vendor renewals as follows: Sponsor Town Manager.
Renewals:
Richard Prince d/b/a American Legion Post. 86, 15 Lewiston Road
Laureen Terry d/b/a Auto Auction of New England, 53 W. Gray Road
B, H & V, LLC d/b/a B & R Dairy Bar, Gray Plaza
Ramona J. Tessier d/b/a Busy Bee Restaurant, 272 Portland Road
Denise Martin d/b/a Burger King, Mile 57, Maine Turnpike
Bing Chan d/b/a China Gray, 13-15 Main Street
Zhen Ben Huang d/b/a China Village, 271 Shaker Road
Bradley Pollard d/b/a Cole Farms, 64 Lewiston Road
Bradley Pollard d/b/a Spring Meadows Golf & Country Club, Lewiston Rd
Ralph & Elaine White d/b/a White Cue Connection, Gray Plaza
Peter Kupolos d/b/a Dunkin Donuts, 3 Shaker Road
Stephen Witham d/b/a Fox Hill Farm, 31 Weymouth Road
John Heretakis d/b/a Gray House of Pizza, Main Street
Wayne Pollard d/b/a Jess ‘n Nics, 71 Portland Road
CSK, Inc. d/b/a Loose Moose, 61 Portland Road
Quintel IV, LLC d/b/a McDonald’s Restaurant, Main & Brown Street
Robert Prevost, Sr. d/b/a Pizza Paddle Restaurant, Gray Plaza
Donald & Mary Hebert d/b/a Julien’s Restaurant, 322 West Gray Road
Kevin Tombarelli d/b/a Crossroads Antiques & BBQ Barn
The Manager suggested that Jess ‘n Nics and Pizza Paddle both be issued a provisional renewal because some of the requirements still need to be met. It was suggested that the Council table Mr. Bungle’s Ice Cream until more research is done and action taken at the May 21 council meeting.
Councilor Grant moved to accept the renewal of the victualer and mobile vendors licenses with the exception of Jess ‘n Nics, Pizza Paddle, and Mr. Bungle’s Ice Cream.
Councilor Goosetrey seconded.
The Council’s vote was 4-0-1 (Barter abstained)
Councilor Grant moved to grant a 30-day conditional renewal for Jess ‘n Nics and Pizza Paddle with the conditions that they meet all the requirements and taxes are paid in full.
Councilor Goosetrey seconded.
The Council’s vote was 5-0.
Councilor Wilkinson clarified that the owners of the properties that these businesses are leasing have not paid their taxes and not the businesses themselves.
Councilor Grant moved to TABLE action on Mr. Bungle’s Ice Cream pending review of the ordinance until the May 21 Council meeting.
Councilor Barter seconded.
The Council’s vote was unanimous.
Mobile Vendor Licenses:
David Klenda d/b/a Klenda Seafood, Dunn’s Auto Parking Lot
Jason Klein d/b/a Mr. Bungle’s Ice Cream, throughout Gray
Lonnie Humphrey d/b/a Lonnie Dogs, IGA Parking Lot, Main Street
Order #80: {First Reading}
Council review and action by Ordinance on proposed changes to Set Backs.
The Manager provided some background on the reasons behind changing the setback requirements in the town’s Zoning Ordinance which involved the owners’ horse being located too close to the side setback on their property. The issue was resolved through a consent decree with the town, the state and the property owners’ involvement. The proposed change decreases the setback requirement and would allow other residents to maintain animals on their properties.
The proposed changes read as follows:
Whereas, the Town of Gray wants to assure that its citizens have the opportunity to maintain animals at their residence in conformance with local and state law and regulation, and
Whereas, the Town of Gray has worked with citizens and the State Agricultural Department to revise its ordinance.
Now therefore be it ordained by the Gray Town Council as follows:
Section 402.4. Definitions are hereby amended as follows:
Delete the definition of Animal Feedlot in its entirety.
Add: Animal Feedlot shall be in compliance with (MRSA Title 7-Chapter 747 Nutrient Management Act, as amended).
Add: Animal Housing: Shall be defined as any lean to, hovel, shelter or structure, that supports the safe and healthy keeping of animals from the natural elements.
Change Animal Husbandry to the following: Dairying, raising of livestock, breeding or keeping of animals, horses, Llamas, deer, alpacas, and other fur bearing animals, emus, fowls or birds as a business or gainful occupation.
Add: Domestic Animals – These include but are not limited to dogs, cats, birds and reptiles that are raised within the confines of the household. They are not raised in multiple numbers for breeding, sale or exchange for other goods or services and do not meet the requirements for kennels, agriculture operations, or feed lots. This definition and restriction excludes service animals, which may include animals that have been certified and trained to assist in aiding a person with specific physical or emotional disability.
Section 402.8 is hereby amending by deleting the current text and inserting the following:
a) 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 10,000 SF 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 in full compliance with the best management practices and a Nutrient Management Program per the current State Statutes, Rules and Regulations (Title 7 Chapter 747 MSRA 4204). Any increase in the number of animals or the reduction
of the minimum lot size shall first require the owner to prepare, submit and receive state approval for the Nutrient Management Program before any local approval may be granted.
b) Complaints will be referred to the State of Maine Department of Agriculture, for Review of compliance and or Resolution.
Councilor Barter moved to amend Chapter 402 of the Zoning Ordinance for a First Reading.
Councilor Grant seconded the motion.
John Welch asked the Manager to clarify if the amended wording meant that there would be a minimum of 25 ft. from the lake. The Manager explained that the wording did state the setback from the lake or a water body was 25 ft. The comma will be removed to clarify the wording in section A.
Dick Wood asked if a Nutrient Management Plan was required. Mr. Berkowitz explained that if there is any increase in the number or animals or if the lot size is reduced, a Nutrient Management Plan would be required. If the requirements are met, no plan is needed. The State Agricultural Department would write the management plan. Councilor Wilkinson added that the old wording was outdated and that the Ordinance Review Committee has had a heavy agenda. The Council and the Manager have worked on the amendment to expedite the process. Mitch added that the State and not the town would be addressing any complaints that are received.
There were no further comments.
The Council’s vote was unanimous, 5-0.
This order requires a majority vote after an opportunity for public comment
Order # 81:
Council final review and action by Order on the proposed budget.
Councilor Grant moved to accept the proposed budget with the additional change of $10,045.00 for Solid Waste.
Councilor Barter seconded.
Mr. Wood asked if the fee schedule was tied into the budget. Mitch stated that the increase due to the fee schedule was viewed as a small increase, which is only an estimate. Any fees collected will be considered surplus.
Ms. Humphrey expressed her concern about the impact of the budget on residents and anticipated another negative impact next budget season due to the reevaluations. She asked the Council not to support the increase and to be responsible fiscal stewards by decreasing the proposed increases by half.
Councilor Barter responded that the process has given the public more input than in previous years and the Council has taken the budget on with serious responsibility. It is important to take into consideration what is fair for all taxpayers and the Council’s responsibility to maintain the culture of the town by improving town buildings to insure safety for the community. Sidewalks for the elderly who can not walk to the corner due to traffic concerns and improving the library that serves the town in a huge way via the internet and with its various community programs and speakers. The budget does not provide for all the maintenance to be done in one year, but allows for maintenance to begin addressing years of neglect to the town’s facilities from previous flat line budgets. Pay raises and maintenance, sidewalks and the water
quality program will be phased in over a period of time. The services are needed to keep the town competitive otherwise; commercial businesses will not be coming to Gray and will not help to offset the town’s residential development. Councilor Barter encouraged the public to read the proposed budget and call a Council member with comments and questions. Realizing the support for the budget will not be 100% agreement; Councilor Barter said it was a first step toward what the citizens’ value individually and collectively.
There were no other comments from the public.
The Council’s vote was unanimous.
Public hearing will be held on May 21st.
This order requires a majority vote after an opportunity for public comment.
Order #82:
Council review and authorization to execute Cost Sharing Agreement – Water Line Extension to Northbrook. Sponsor Town Manager.
The Manager explained that Council approval is needed on this order to execute the cost sharing agreement for the water line extension. The town’s approve cost is 30% of $200,000, with Northbrook/Advanced Realty portion at 30% and the remained to be shared by the Water District. The authorization by the Council will be subject to legal review.
Councilor Barter moved to authorize the Manager to execute the cost sharing agreement for the water line extension to Northbrook.
Councilor Grant seconded the motion.
There was no further discussion or public comment.
The Council’s vote was 5-0.
This order requires a majority vote after an opportunity for public comment.
Order #83:
Review and action on two poverty abatement applications, Map 41, Lot 44A. and Map 35, Lot 05. Sponsor Town Manager
Councilor Grant moved to TABLE action on the two poverty abatement applications for 60-days, with action to be taken at the Council’s first meeting in July.
Councilor Barter seconded the motion.
Councilor Barter explained the Council deliberated during their Executive Session and wants to work with the families. Councilor Wilkinson stated the town does not want to become landowners and wants to assist families whenever possible.
The Council’s vote was unanimous.
Order was TABLED.
This order requires a majority vote after an opportunity for public comment.
Order #84:
Council review to take necessary Action regarding the Town Manager’s Contract. Sponsor Town Council.
Councilor Barter moved to approve the negotiated compensation arrangements for the coming fiscal year for the Town Manager.
Councilor Grant seconded the motion.
Councilor Barter moved to amend the motion stating the arrangements are subject to legal council review of a technical question.
Councilor Grant seconded the amended motion.
On behalf of the Council, Mr. Barter stated how pleased everyone is with the progress the town has made with its new Manager.
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.
Order #85:
Order establishing a consolidated fee and fine schedule. Second Reading. Sponsor Town Manager.
Councilor Wilkinson read the Order that if accepted, will delete fees and fines placing them into a separate codified fee schedule that can be readopted each fiscal year.
Where as the Gray Town Council must formally approve a budget for the proceeding fiscal year per the Town Charter, and
Whereas, the Council has reviewed the fiscal year 2003 budget proposal and with adjustments is prepared to approve it.
Now therefore be it ordered by the Gray Town Council as Follows:
The proposed fiscal year budget in the amount of $4,014,355.81 is hereby approved by the Council.
Be it further ordered that this budget be heard at a public hearing scheduled for May 21, 2002 at 7:00 p.m., that copies of the budget with the budget explanation be made available to the public as soon as possible and that a warrant article be drafted for the June 8, 2002 Town Meeting.
This Order shall be in full force and effect from and after passage.
Councilor Grant moved to accept the Order to establish a fee and fine schedule for Second Reading.
Councilor Barter seconded the motion.
John Welch inquired about the changes to the fee schedule. The Manager provided him a copy of the fee schedule. Councilor Wilkinson read aloud from the fee schedule, noting some of the changes that are being proposed and other fees that will be remaining the same. It was explained that the proposed changes were based on surrounding transfer stations charges and other costs of doing business.
Mr. Welch’s questions were answered regarding summer residents and solid waste permits, the definition of wireless telecommunications, and tree removal in the shoreland zone. Mr. Berkowitz explained that the need for the tree removal fee is a result of the CEO’s inspection that is required prior to the permits issuance. The CEO is required to ensure that compliance to the state’s zoning law is upheld and to enforce violations of the law. The fee does not relate to the number of trees being removed. John asked for a definition of the word “tree” and was directed by Councilor Wilkinson to the state’s definition in the Shoreland Zone. Ms. Wilkinson noted that the permit does not apply to trees that have fallen, only trees that are cut/removed. Mr. Welch asked if the State, CMP and Time Warner will also be
required to pay fees to remove trees. Mr. Berkowitz replied that if the trees are located in the shoreland zone, a fee would be required. Councilor Wilkinson said there could be certain situations were they are exempt from the state (CMP, Time Warner etc). John said that the permit fee may cause a burden in the shoreland zone and he requested that there not be a fee for tree removal. Councilor Wilkinson said the CEO review costs the taxpayers money and that the fee schedule if part of the pay-as-you-go concept.
Councilor Austin asked if the Order would be considered a general agenda item once the fees were separated. Mitch explained that the Order would be adopted annually as a housekeeping measure. Ms. Austin took issue with some of the increases that she said described as off the chart and said residents may resort to dumping items along the roadways to avoid paying fees at the transfer station. Councilor Austin asked if any projections could be determined as to how much revenue would be generated from the new fees. Mitch stated that he did not have an exact number but estimated several thousand dollars. The fees are associated with the individuals disposing of the waste and do not fall on the general taxpayer when it is a pay-as-you-go system. Commercial operators will be required to pay the same fees as the town’s residents.
Councilor Austin stated she would not be supporting the fee schedule and referred to a memo that estimated $41,000 could be generated in fees in the next year.
Councilor Barter responded that a pay-as-you-go concept removes the burden from taxpayers that are not heavy users of services. The town’s dumpsters have had to be locked. Contractors unload materials from others towns at the transfer station which impacts the taxpayers unfairly. There has been abuse and the town has to stop being the soft spot when it comes to misuse. Any monies generated from the fees will benefit the taxpayers and will go toward other town municipal projects that have to be done. Councilor Barter said it comes down to two different philosophical viewpoints. Councilor Austin said that she supported pay-as-you-go but felt the fees were not reasonable.
Dick Wood said he read an article in the Lewiston Sun that trash is being dumped on the sides of the roads to avoid paying fees. He cautioned that this could happen in Gray as well. Councilor Wilkinson said that there will always be some people who will dump items along the roads but that overall the benefits will help to offset the burden imposed on the taxpayers. Councilor Barter said the town has to start somewhere and could implement a free trash week as is done in other towns to help cut down on roadside trash disposal. Steve Chandler, in New Gloucester said that the system is better than not having one and he supports it.
Wayne Wood asked about the recreational fees account and how much money was in it. The Manager estimated between $11,000-$15,000 dollars which is guided by bylaws to be expended for general public recreation. Councilor Wilkinson explained that if the development of a lot of land does not provide an area for recreational use, the fee is paid to be used for recreational use in other area of the town.
John Welch brought up the tree removal fee issue and stated his opinion that it is unfair and unnecessary.
The Council’s vote was 4-1. (Austin opposed)
This order requires a majority vote after an opportunity for public comment.
Seventh Order of Business: Tabled Orders
Order #72:
Council review and action to accept the amendment to the Fee Schedule. Sponsored by Town Manager.
Councilor Grant moved to remove Order #72 from the Table.
Councilor Barter seconded.
The Council’s vote carried unanimously.
Councilor Grant moved to defeat the amendment to the fee schedule.
Councilor Barter seconded the motion.
Mitch explained that by defeating the motion, the amounts of the fees would be removed, separating the Order from the fee schedule.
Councilor Grant withdrew his motion to defeat the amendment to the fee schedule.
Councilor Grant moved to accept the amendment of the fee schedule.
Councilor Barter seconded.
The Council’s vote was 0-5. Motion failed to carry.
This order requires a majority vote after an opportunity for public comment.
Order #77:
Council review and action regarding the CEDC proposal to initiate engineering for the Route 100 TIF Development plan using TIF funds. Sponsor Town Manager.
Remained TABLED.
This order requires a majority vote after an opportunity for public comment.
Order #78: [Second Reading]
Council review and second reading of Ordinance amending the ordinances of Gray by deleting various fee amounts.
Approval of Order #78 removes the fee schedule from the Order.
Councilor Grant moved to remove Order #78 from the Table.
Councilor Barter seconded.
The Council’s vote was unanimous.
Councilor Grant moved to accept the second reading of Ordinance amending the ordinances of Gray by deleting various fee amounts.
Councilor Barter seconded the motion.
There was no further discussion.
The Council’s vote was 4-1. (Austin opposed)
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.
John Welch stated that too often the Council takes action on issues that are not clear. Councilor Wilkinson said that the Council has made ample opportunity for public discussion and has only set time limits for workshops and not for Council meetings. She suggested Mr. Welch discuss his concerns with the Manager at the town office.
Order #2:
Council approval of Pole Permits to Central Maine Power and Pine Tree Telephone Company.
None
This order requires a majority vote after an opportunity for public comment.
Ninth Order of Business:
Adjournment
Councilor Barter moved to adjourn. Councilor Grant seconded.
The Council’s vote was unanimous.
Meeting adjourned at 9:26 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recorder
Notary Public
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