Town Council
Meeting Minutes
June 4, 2002
Present: Pam Wilkinson, Richard Barter, Jerry Grant, Sue Austin, and Jack Goosetrey
Town Manager, Mitch Berkowitz
Others: Elizabeth Salvetti, Jim Monroe, Brad Fogg, Dick Wood and David Knudsen
Council Chair Pam Wilkinson called the meeting to order at 7:00 p.m.
First Order of Business: Public Hearings/Presentation
· Public Hearing on Mobile Vendor License Ordinance Amendment
There was no public comment.
Public hearing was closed.
Second Order of Business:
Approval of May 21, 2002 Town Council Minutes
Page 9: Councilor Austin questioned the increase in insurance to the vendors of $400 $400,000 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 $400,000 dollars.
Page 2: Councilor Wilkinson said the ordinance would not be implemented in limited residential areas
Page 5, last paragraph, last sentence. “Inland fisheries will be implementing a program for boat ramp inspections..”
Page 10, Order 92: Councilor Wilkinson explained that the Little Sebago 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 Little Sebago 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.
Page 11: 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 for Crystal Lake Association, expressing support of the program.
Councilor Grant moved to approve the minutes as amended.
Councilor Barter seconded the motion.
Third Order of Business:
Reports from the Council Chair
Councilor Wilkinson encouraged all Gray residents to attend the Town Meeting scheduled for Saturday, June 8th at 10:00 a.m.
Councilor Wilkinson read Jan Bourret’s letter of resignation from her duties as the Town’s Recording Secretary. The Council members expressed their regrets but wished Mrs. Bourret success in her new endeavor, which will not afford her the time necessary to continue recording the town’s meeting minutes.
The Town Council thanked Councilor Jerry Grant for serving the Town and said he would be greatly missed. Councilor Wilkinson added that Mr. Grant has provided balance, and insight with regard to the town’s budget process and charts. The Council extended their thanks for Jerry for his dedication and service. All will miss him.
The Town’s reevaluation process is still underway. Work is ongoing in the lakes areas, including Notched Pond. A yellow tag will be left at the resident’s homes with a phone number for contact purposes. Contact the town office if you have any questions about the equalization program.
Reports from the Town Manager
Mr. Berkowitz reported that the town’s crosswalks have been painted and are posted with signage. He reminded residents that pedestrians have the right of way when in the crosswalk areas. Engine brakes are not allowed to be used by truckers within the compact areas or in the downtown area.
The Town’s boards are in need of volunteers. If anyone is interested in serving on one of the many boards, please contact the town office. Mr. Berkowitz said the rotation of committee members and reappointments are an annual occurrences and that there is not a new trend in the need for new members. Councilor Barter stated that there are many talented people in Gray that could contribute in a positive way to the town’s committees and they should be encouraged to volunteer.
The latest report on Yarmouth Lumber Company shows the company is making progress and improvements with regard to spills.
The town’s drinking water report shows no violations. A full report is available through the Town Office.
Information packets will be made available on Friday and on Saturday morning prior to the town meeting, which will begin on Saturday, June 8th at 10:00 a.m.
Committee Reports
Council Correspondence
Upcoming meetings:
Comprehensive Plan Update Committee June 5th
SAD 15 June 5th
ORC June 6th
Town Meeting June 8th
Council Workshop June 10th
Cable Committee June 10th
Library Trustees June 11th
Election at Newbegin June 11th
Solid Waste Committee June 12th
Planning Board June 13th
Committee report
Elizabeth Salvetti updated everyone concerning the Gray Celebration Day activities scheduled for the weekend of August 2-4th Activities will encompass all age levels with nest building, musical entertainment, knights in armor, acoustic café, and other events. Letters of support will be sent to area businesses to help with fund raising and contributions. Contact Elizabeth or the Town Office for more information.
Fourth Order of Business:
Committee Appointments and Resignations
· Appointment of Sara Perry as full time member of the Planning Board
Councilor Wilkinson explained that Sara Perry has applied and be accepted as a full member of the town’s Planning Board pending a formal vote. Ms. Perry is interested in geography and will be a welcomed member to the Board.
Councilor Grant moved to accept the appointment of Sara Perry as a full member of the Planning Board.
Councilor Barter seconded the motion.
The Council’s vote was unanimous.
Committee Business
Workshop Status
Councilor Grant reported on the May 28th Council Workshop.
A hearing was held on the proposed Warrant Articles and a Special Council meeting was held to vote on them. Sara Perry was interviewed for the Planning Board position. A discussion concerning property for Public Safety was held. The Council went over the new Street Construction Ordinance with members of the Ordinance Review Committee.
Council Business
Chair Pam Wilkinson went through the Council’s work on the proposed budget for 2002-2003, which has taken a different, and much needed new approach – addressing future needs for the town. Monies have been set aside for projects with a proactive focus. Repairs to the town’s bridges, a sidewalk plan, and town building maintenance will be covered in the new budget. A pay as you go approach, a water quality program for the town’s lakes, and a technology program that will make it possible to pay for registration fees on-line after the Town Offices are closed. The overall increase is 8.4%.
Councilor Grant said previous budgets have not addressed the needs of the many town facilities that have fallen into disrepair. The state will no longer work on the smaller bridges and the budget will address those upcoming needs. Many citizens have expressed their concerns for safety and sidewalks in town. The budget will meet this need.
Councilor Austin said that some of the issues were debated and she wrote about that in a recent article. She encouraged everyone to voice his or her opinions and come out and vote on June 8th. The vote will set the direction for the future of Gray and surrounding towns.
Councilor Barter asked citizens to look at the 4 P’s. Process, Progress, Programs, and People.
Process: starting from scratch with an experienced Town Manager.
Progress: the budget represents an A to Z analysis of the town’s needs while realizing that not all can be funded without comprehensive thing and a phasing-in program.
Programs: that sustain, expand and increase, coupled with fiscal responsibility. A pay as you go system to encourage conservation while helping to remain solvent.
People: the most important factor. We live here by choice. The allocation of dollars shows the effort to look at the people who work and live here- our children, our seniors, and residents. The budget is professional and is the result of community needs, planning and the anticipation of future needs. Councilor Barter asked the town come out and vote in favor of the budget on June 8th.
If anyone has any questions about the budget, please call a Council member or the Town Office.
Councilor Wilkinson stated that the Council was questioned at the last special meeting about how quickly the Post Office acquisition came about. She explained that so many discussions and options were explored and that issuing information on all of them would not have been possible. The Town had the opportunity to purchase adjacent real estate. If the town does not buy the property it will not be able to reserve the option of expanding the current Town Office, which is lacking space and is not in compliance with the American Disabilities Act that requires it be handicapped accessible. Pennell Institute is not available as an alternative for town office space at the present time. Whether the town chooses to use the former post office should be based on the findings of a committee charged with looking into options. Without purchasing the
building, the town forfeits all options. If the committee finds the plans are not feasible, the building can be sold without losing money. Reserving the option also helps the town manage traffic in an already congested part of the village. Councilor Grant said the job of the Council is to look out for the best interests of the Town and the Post Office option is one area that fits that charge very well.
Councilor Wilkinson read the proposed TIF amendments for the Route 100 water line extension that is 2.4 miles toward Whitney Road. The bonds are not to exceed 1.9 million dollars with a construction period ending February 17, 2003. The amendment will not prohibit the project from extending beyond the February deadline date. It also allows the water storage facility to be addressed by the Gray Water District at a later date. Revenues from the TIF will be used for all or part of the costs of the project. TIF revenues associated with Androscoggin Bank, Lady Slipper, and Halls Storage have added 2.5 million dollars in revenues. Gobeil’s is estimated to add an additional 1 million dollars in revenues. Councilor Barter added that the TIF represents several years of hard work and will result in long-term growth for Gray. Monies generated from
residential growth are actually negative growth if not supplemented by small business development. The Council stands behind the Economic Development Committee’s recommendation and sees the TIF as a step taken in the best interest of the town creating a better-balanced tax base that does not unnecessarily burden the residential taxpayer.
Jim Monroe requested Order 1 be taken out of order due to his limited time schedule.
Fifth Order of Business:
Councilor Grant moved to take Order #1 out of order, to address Non Agenda Items.
Councilor Goosetrey seconded the motion.
The Council’s vote was unanimous.
Mr. Monroe explained that he would not be attending the Town Meeting on Saturday and wished to express his disappoint in the proposed budget that exemplifies excessive spending and a town that resembles Cumberland rather than Gray. Mr. Monroe called the TIF project a reckless ego trip making no economic sense. He proposed reserving funds for future opportunities that would generate a more useful business climate. Passing the amendment would open the citizens to direct taxation, which they will have to pay for. Citing how difficult it is for people in Gray to make a living, Mr. Monroe said that the town had little consideration of the struggles the working citizens have when choosing to impose such a high tax rate increase. Mr. Monroe encouraged Gray residents to attend the Saturday meeting and encouraged everyone to challenge the budget. Addressing the Council, Mr. Monroe asked for less Shakespeare and more Will Rogers in their speaking.
Reading of and Additions to the Agenda
Sixth Order of Business: New Orders
Order #94: [Second Reading]
Council review and action regarding the Mobile Vendor License Ordinance Amendment.
Councilor Grant moved to accept the second reading for the Mobile Vendors License Ordinance amendment.
Councilor Goosetrey seconded the motion.
Councilor Wilkinson read highlights from the proposed ordinance amendment. Brad Fogg, a Shaker Road resident, commented on the 18 ft. limit imposed on mobile vendors wondering if it were too restrictive and limiting to clean, self-contained operators that may want to work in Gray. Councilor Wilkinson said that the ordinance is a starting point and changes could be made if warranted in the future. Councilor Grant agreed saying the Council would entertain such requests if they were brought up in the future.
The Council’s vote was 4-1 (Austin opposed).
Order #95:
Council review and action to amend the Public Easement Policy Purpose statement. Sponsor Town Council.
The proposed amendment would add a cut off date for the town’s public easement policy. The original policy was established in October 1998. The amendments read as follows:
The following wording to be added to the purpose statement – “This public easement policy shall only apply to those roads in existence prior to the adoption date of the Public Easement Policy, October 1, 1998. The second amendment falls under the Road Adoption Requirements and Procedures section. Changing #12 to read, “There are at least four (4) year round dwellings served on the road being considered under this policy. The third change adds #16 which states: “The Road Association or Applicant making such a request of the Town of Gray shall provide a certificate of insurance in an amount no less than $400,00 covering the Town of Gray, its officers, agents and employees as additionally insured for any and all liabilities that may occur as a result of the services provided under this
policy. The applicant shall provide the Town of Gray with the certificate of insurance evidencing that the insurance is in effect and being provided by a company licensed to do business in the State of Maine.”
Councilor Grant suggested the insurance issue be looked in to prior to the Council taken action.
Councilor Grant moved to amend the Public Easement Policy’s purpose statement only as follows – “This Public Easement Policy shall only apply to those roads in existence prior to the date of the Public Easement Policy dated October 1, 1998.”
Councilor Barter seconded the motion.
Councilor Grant explained that there could be situations where there is a private road with 2 dwellings and which is accessed by a second road. Councilor Wilkinson said each private road would be treated on its own merit. Councilor Barter agreed to wait before taking action and holding a workshop on the matter prior to voting.
The Council’s vote was unanimous.
This order requires a majority vote after an opportunity for public comment.
Seventh Order of Business: Tabled Orders
Councilor Grant moved to take Order #79 off the Table.
Councilor Barter seconded.
The vote carried unanimously.
Order #79:
Consideration of Victualer and Mobile Vendor license renewals as follows: Sponsor Town Manager.
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
Mr. Berkowitz reported that Pizza Paddle has met the requirements of the code including sprinkler heads.
Councilor Grant moved to accept the victual license renewal for Pizza Paddle.
Councilor Barter seconded.
There was no public comment.
The vote carried unanimously.
Mr. Berkowitz suggested the Council consider a 30-day extension for Jess N Nics victual license renewal citing issues with the property owner, and not the licensee.
Councilor Grant moved to provide a 30-day extension for Jess N Nics victualer license renewal.
Councilor Goosetrey seconded.
Councilor Barter said he agreed with the Manager’s suggestion to extend the license, which is not the fault of the licensee and could create undue hardship if not extended.
The Council’s vote was 5-0.
Councilor Barter moved to grant a full license to Jess N Nic’s.
Councilor Grant seconded the motion.
The Council’s vote was 5-0.
This order requires a majority vote after an opportunity for public comment.
Order #86: [Second Reading]
Councilor Barter moved to remove Order #86 from the Table.
Councilor Grant seconded. The Council’s vote carried unanimously.
Council review and action by Ordinance on proposed changes to Set Backs. Sponsor Town Manager.
Councilor Wilkinson read the proposed amendment to Chapter 402 of the Zoning Ordinance. Deleting the definition of Animal Feedlot in its entirety.
Adding 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.
Amending Animal Husbandry to read: Dairying, raising of livestock, breeding or keeping of animals, horses, lamas, deer, alpacas and other fur bearing animals, emus, fowls or birds as a business or gainful occupation.
Adding 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 a specific physical or emotional disability.
The following to be added:
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 WH2 D Districts, 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 both the front and 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 then current State Law. Any increase in the number of animals kept on the minimum lot size shall first require the owner to
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 local approval may be granted.
B. Complaints will be referred to the State of Maine Department of Agriculture for review of compliance and resolution.
Councilor Grant moves to accept the second reading to amend Chapter 402 of the Zoning Ordinance of the Town of Gray.
Councilor Barter seconded the motion.
David Knudsen, a member of the Town’s Ordinance Review Committee and Zoning Board of Appeals explained an incident last year where the ZBA denied a setback variance for a residence that had been newly construction and was over the setback requirement. The Board’s denial resulted in the owner having to pay $8,000 to have the foundation moved. Mr. Knudsen said the town took no action in that case, but is considering this amendment, which would establish an undesirable precedent resulting in not treating residents fairly.
Dick Wood asked if the Ordinance Review Committee had the opportunity to review the proposal. Councilor Wilkinson said that the Council can consider these types of matters and that the ORC has had many items on their plate leaving them little time to take on more reviews. Councilor Wilkinson said that in order to expedite the process, they chose to consider the matter without adding it to the ORC’s workload. Both the state and Town Attorney have reviewed the amendment and support it. Mr. Wood said the 25 ft. side lot setback worried him and that the ORC should be given time to review the amendment before enactment. He also wondered if the fenced area he has around his stream would have to be moved if the amendment passes and was confused as to which law he had to follow – the state’s or the town’s. Councilor
Wilkinson said the amendment was not targeted for commercial operations and that Mr. Wood would be grandfathered in any case. Mitch Berkowitz added that the fencing is not applicable. The wording states the animals must be housed and defines “housing”. Also, the amendment would not affect any existing commercial operations of any kind. The current ordinance only pertains to those animals in a residential area. Councilor Goosetrey suggested wording be added to clarify that the amendment does not apply to commercial animal ventures. Councilor Grant agreed.
The following underlined text was added to Section 402.4: Animal Husbandry to read: Dairying, raising of livestock, breeding or keeping of animals, horses, lamas, deer, alpacas and other fur bearing animals, emus, fowls or birds as a business or gainful occupation which are considered commercial and come under other state laws.
Councilor Austin stated that if the ORC had reviewed the proposal the Council would not have had to seek Mr. Dale’s opinion and that such matters should be handled by the town’s committees and not outside council. Mr. Wood added that even employees at the town office do not interpret the wording the same as the Manager, which is very confusing.
The Council’s vote was 5-0 in favor of the amendment to the main motion.
The vote was 5-0 in favor of the main motion.
Councilor Barter stated for the record that the Council listened to the feelings expressed by residents and encouraged everyone to obtain a copy of the minutes, which are the official legal record of the meeting. If there are any questions as to clarity, the minutes will reflect them. He thanked Mr. Knudsen for his thoughtful comments, which benefited the Council in their deliberations.
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.
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 Grant moved to adjourn. Councilor Barter seconded.
Councilor Barter clarified for the record that his personal comments on the internal affairs of SAD 15 do not reflect the Council as a whole with regard to the school budget and the relationship from a quality of life vantage point - when education is brought into the Councils work. Mr. Barter encouraged residents to go to the website and review the work that committee has done on the budget.
The Council’s vote was unanimous.
Meeting adjourned at 8:50 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recorder
Notary Public
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