Town Council
Meeting Minutes
June 18, 2002
Present: Pam Wilkinson, Richard Barter, Lynn Olson, Sue Austin, and Jack Goosetrey
Town Manager, Mitch Berkowitz
Others: Fran Monroe, John Welch, Scott Hayes and Cal Cutter
Council Chair Pam Wilkinson called the meeting to order at 7:00 p.m.
First Order of Business: Public Hearings/Presentation
· Public Hearing on the liquor and special amusement license renewal of White’s Cue Connection
There were no comments from the public. Public hearing was closed.
· Public Hearing on the liquor license renewal of the Pizza Paddle Restaurant
There were no comments from the public. Public hearing was closed.
· Public Hearing on the new victualer application of Busy Bee Restaurant (new owners)
There were no comments from the public. Public hearing was closed.
Second Order of Business:
Approval of June 4, 2002 Town Council Minutes
Councilor Goosetrey moved to approve the minutes.
Councilor Barter seconded.
Councilor Austin inquired about the reference made in the minutes regarding a discussion about public safety, noted by Jerry Grant at the May 28th workshop. Mr. Berkowitz said he would check into the matter and report back.
The Council’s vote was unanimous.
Councilor Wilkinson welcomed new Council member Lynn Olson.
Third Order of Business:
· New Councilors – Oath of Office
Mitch Berkowitz swore in Lynn Olson and Pam Wilkinson.
Reports from the Council Chair
Council Chair Wilkinson discussed the SAD budget and passed along a request by School Board members to have any questions or concerns brought up to the members of the school board or Mike Wood. While the SAD budget was approved, the local share was not and a new vote will be held. Councilor Barter suggested the language be made clearer so that the voters understand what they are voting for.
Wilkies Beach – a big thank you was extended to all those, young and old that helped make the beach more enjoyable.
On June 22nd their will be a joint meeting with VLMA and COLA to address plant identification, lake regulations, boat inspections and lake properties as well as how to become a lake monitor. Councilor Wilkinson said she would be attending this important meeting.
Reports from the Town Manager
Mr. Berkowitz reported the Department of Labor cited the Town for several housekeeping issues and imposed a $1,100 fine. The Town sent a letter to the State explaining what the steps the Town took to rectify the problems. In many cases the Town met or exceeded the State’s requirements. The State contacted the Town and dismissed the fine noting the Town’s serious approach and quick effort. A zero penalty was recommended and the Town has been forgiven the fine.
Councilor Barton commended the Town Manager and Staff for working out the situation in such a favorable manor.
The Manager reported the tax rate will be set soon and revenues are not expected to be adjusted up or down. Excise taxes were increased to 1 million dollars; building permits to $65,000 and interest on CD’s also increased. All totaled, $105,000 in additional revenues will be used to reduce the tax rate. Councilor Barter cautioned that the Governor’s tax cuts will impact the Town and that a safety net should be in place just in case municipal functions are cut.
Water Testing will continue on a weekly basis at Wilkies Beach.
Crosswalk areas will be re-striped this summer by the Public Works Department. Tip-downs will be installed (to meet ADA requirements) to help pedestrians cross safely.
Dick Cahill’s planning grant was approved for $10,000. There will be a meeting with the State in the near future about this grant.
Advanced notification for vehicle registration renewals will be offered to Gray residents by mail. It will cost approximately $3.00 for this service. Residents are welcome to participate in a brief survey about by-mail registration renewals, at the Town Office.
The Library has hired a replacement for the open reference Librarian position. Their monthly report is available.
The Manager reported that graffiti has been reported. All homeowners and business owners please contact the Sheriff’s department if your property has been damaged by graffiti.
Committee Reports
Councilor Austin provided an update on the Pineland Campus. Three new local contractors have joined the Pineland project.
Courses will be made available to the public at Pineland. Greeley will be offering a ½ credit course this fall at the Campus.
Many people attended today’s presentation at Pineland on philanthropy. People commented on how beautiful the Campus is and were amazed by the transformation.
Upcoming Meetings:
Economic Development, June 19th
Pineland Function, June 19th, 4:00 p.m.
ZBA meeting June 20th
Council Workshop, June 24th
Regional Meeting in North Yarmouth, June 20th
Public Safety Meeting, June 24th
Council Correspondence
None
Fourth Order of Business:
Committee Appointments and Resignations
None
Committee Business
None
Workshop Status
At the June 10th Workshop, the Council reviewed the County’s Mutual Aid Disaster Agreement; discussed the Town Farm Road waterline/McKin issue, Jim Gray’s request, public easement policy points, the Council agenda and hear the Manager’s presentation regarding reserves and the Capital Improvement Program.
Council Business
Ø Certification of results of election
Mr. Berkowitz read the results of the election that took place on June 8th.
Farr - 159 votes
Holmes - 220 votes
Plummer - 392 votes
Total referendum votes: 999
Bond 1
Yes - 562
No - 398
Bond 2
Yes - 477
No - 507
Pingree - 269
Allen - 295
Baldacci - 308
Turner - 280
Barter - 274
Childs - 265
Dion - 208
Rouche - 84
O’Brien - 198
Gurney - 252
Question 1
Yes - 571
No - 413
Question 2
Yes - 567
No - 409
Question 3
Yes - 470
No - 488
Question 4
Yes - 542
No - 420
Question 5
Yes - 503
No - 468
Question 6
Yes - 669
No - 307
Question 7
Yes - 652
No - 331
Olson - 670 votes
Wilkinson - 817 votes
Lee - 877 votes
Green Party - 7 votes
Jonathan Carter - 6 votes
Collins - 398
Cianchette - 287
Libby - 150
Austin - 407
Turner - 393
Joyce - 373
Total voters 4,900
Councilor Goosetrey moved to affirm the election results.
Councilor Austin seconded.
The Council’s vote was unanimous.
· Reaffirm Council rules and housekeeping items for the next fiscal year
Councilor Wilkinson encouraged everyone to read over the Council Rules and bring any questions to the Workshop. The Council will be deciding on a Finance Committee and an Appointments Committee. The Council members can reaffirm that they will follow the rules for the upcoming year.
Councilor Barter moved the Council reaffirm the Council Rules for the next fiscal year.
Councilor Goosetrey seconded the motion.
The vote carried unanimously.
· Selection of the Council Chair
Councilor Goosetrey nominated Pam Wilkinson to serve as Council Chair.
Councilor Barter seconded the motion.
There were no other nominations.
The vote was 5-0.
Councilor Barter nominated Jack Goosetrey to serve as Vice Chair.
Councilor Austin seconded.
There were no other nominations.
The vote was unanimous.
· Reaffirm the Town Schedule of fees and fines for the next year
Councilor Barter moved to reaffirm the Town schedule of fees and fines.
Councilor Goosetrey seconded.
The Council’s vote was 5-1. (Austin opposed)
Fifth Order of Business:
Reading of and Additions to the Agenda Councilor Wilkinson explained the need for the creation of a committee to review space needs for the future post office/ Town Office building. The Committee will consist of a member from the town staff, the school department, Council Chair, SAD #15, and three or four other at-large members. This item will be on the next agenda for discussion. Letters of interest can be submitted to the Town Office. Councilor Barter said the Council is also looking for guidelines from other organizations that can help the Committee with the planning.
Sixth Order of Business: New Orders
Order #96:
Council review and action to accept the liquor and special amusement renewal license of Ralph White, d/b/a White’s Cue Connection. Sponsor Town Manager.
Councilor Goosetrey moved to grant the renewal license for liquor and special amusements for Ralph White, d/b/a White’s Cue Connection.
Councilor Olson seconded the motion.
There was no further discussion or public comment.
The Council’s vote was unanimous.
This order requires a majority vote after an opportunity for public comment.
Order #97:
Council review and action to accept the liquor license renewal of Robert Prevost, d/b/a Pizza Paddle Restaurant. Sponsor Town Manager.
Councilor Austin moved to accept the liquor license renewal of Robert Prevost, d/b/a Pizza Paddle Restaurant.
Councilor Olson 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 #98:
Council review and action to accept the new victualer license application of the Scott Hayes, d/b/a Busy Bee Coffee Shop. Sponsor Town Manager.
Councilor Barter moved to accept the new victualer license for Scott Hayes, d/b/a Busy Be Coffee Shop.
Councilor Olson seconded.
Mr. Hayes was introduced and explained that he planned to keep the coffee shop the way it has been for the past 52 years. The menu will be the same with some new items added like muffins, eggs benedict and waffles. Mr. Hayes complimented Mary and Mona, the former owners and said he was fulfilling a life-long dream of owning his own restaurant.
The Council’s vote was unanimous.
This order requires a majority vote after an opportunity for public comment.
Order #99:
Council review and action to accept a new road name, Map 41, Lot 9 and 10:
· Blanchard Road.
Sponsored by Town Manager.
Councilor Barter moved to accept the new road name: Blanchard Road.
Councilor Goosetrey seconded.
There was no further comment or discussion.
The vote was unanimous.
This order requires a majority vote after an opportunity for public comment.
Order #100:
Establish a reserve for Old Town Farm Road water line work. Sponsored by the Town Council.
The Manager explained the history behind the Old Town Farm Road, which is now called George Purley Road. The previous Council deemed the road unsafe and formally moved to disconnect the intersection and relocate it. This action was included in the McKin settlement, which was discussed with the impacted owners in the summer of 2000. The Town of Gray was able to obtain $110,000 dollars as part of that settlement to be used to cover prior legal fees. The Town also received $51,400 dollars to be used for an extension the water line to the George Purley road residents. The agreement clearly implies, and the record of the Attorney reaffirms, that the town is obligated to provide an extended water line to the parties concerned. Attorney David Silt’s letter reaffirmed the Manager’s comments. Mr. Berkowitz explained the Council can
enter into a contract and agreement to set up a reserve account in accordance with the Town Charter. To complete Option 1 (which the Manager recommends) the water line extension costs would be $77,000. The money could be transferred by Charter, from the overlays, in the amount of $26,000 which is the amount needed to complete Option 1. Any further development on George Purley Road would be at the developer’s expense. The Manager recommended the Council set up a reserve account for the additional money needed to extend the water line. Mr. Berkowitz suggested the Council return $34,000 set aside for the engineering portion of the Post Office/Town Office project, and return the money to the Town’s general fund.
Councilor Barter moved to accept the Manager’s recommendation to authorize the transfer of $26,000 from the general fund for the George Purley Road water line extension.
Councilor Goosetrey seconded the motion.
Fran Monroe stated the Town was to notify the citizens with regard to what measures could be taken as to avoid another polluting issue in future. This was part of the McKin agreement. Ms. Monroe contended that the Town has not provided this information thus far. Another area that was never addressed, was the compensation for the stigma that the polluting caused. Ms. Monroe stated that when she left the Committee, it was left that the Town would receive money to take care of these issues. The citizens paid legal fees for going to court and the past Council assured those citizens they would be reimbursed and compensated. A memo from the Manager stated the Town acted to take on the tax burden. The Memorandum of Understanding notes in paragraph 6 that the Town will begin a public process for an ordinance with the Potentially Responsible Parties
(PRP’s) agreeing to purchase deed restrictions to prohibit property owners until the aquifer is restored. It was agreed by the parties to purchase restrictions and pay for the extension of the public water line ($960,000).. Ms. Monroe asked whey the taxpayers should be involved and asked which Council members were on the Committee at the time the agreement was signed. Ms. Monroe asked if the contract was valid since the parties signing it are not on the Council presently.
The Manager explained that in October 2000, the Council members were Jerry Grant, Pam Wilkinson, Ron Norton and Mark Sanborn, and when a contract is executed it carries forward to the next Council. Ms. Monroe said the document was not executed. Councilor Wilkinson stated that part of the agreement included the water line connection, which was offered to residents in lieu of their loss of rights to use their properties, which prohibited the drilling of any additional wells. Councilor Wilkinson explained the landowners created a Committee and decided to with the PRP’s, landowners and DEP to come to an agreement. The Town is obligated as part of those negotiations, to provide a water line extension to the affected residents. Ms. Monroe asked to see the documentation to support the water line extension.
Mr. Berkowitz said that Mr. Silt was clear that while the memorandum may not have the exact wording Ms. Monroe is looking for, the spirit and intent of that agreement is of equal importance. Mitch read a letter dated June 17th from David Silt, which states the water line to the Hutchings property exceeds the Ralph Wake spreadsheet, with the Town having to bear the risk. The property owners settled for a less than they originally agreed upon so that a settlement figure could be reached (fall 1999). On page 4, section 6, paragraph 2, Mr. Silt notes the council made the commitment to be responsible for any amount that exceeded $51,000. Ms. Monroe took issue with the wording and said the document states the “PRP’s” and does not state “the Town of Gray” as the responsible party. She accused the Town of
knowingly and willingly expending funds without a public meeting. Mitch said the Council has the authority to enter contracts without going to Town Meeting based on the Charter and that the action is in compliance with the Charter.
Ms. Monroe asked if a judge accepted the handwritten correction that was changed on the spreadsheet. Mr. Berkowitz said public education and the AOZ zone creation were part of the process that was discussed and agreed upon by the group involved. The process was not geared toward one party and to suggest otherwise is a disservice to the attorney and those parties involved. The settlement serves the greater good. Ms. Monroe stated that the rumor is the road extension to the Hutchings property would be in exchange for $51,400 Mr. Hutchings gave to the Town. Councilor Wilkinson said that Ms. Monroe’s statement was incorrect and that the Town received the money with the intent to provide a water line to all the parties in the ICZ zone in exchange for those parties not being allowed to drill additional wells on their properties.
The agreement was made for all affected parties and not one person. Ms. Monroe said the $51,000 dollars had nothing to do with the McKin settlement and that someone chose to take the money. She questioned the motion that states a “reserve to be set up” with no cap imposed and noted that their was no discussion about this at the Town Meeting.
Councilor Wilkinson replied that the matter was discussed at a Town Council Meeting and the property owners have the Town providing the water line. Ms. Monroe stated this was not reflected in the meeting minutes and she suggested the Town give Mr. Hutchings back the $51,000 dollars since there is nothing written in the contract.
John Welch asked who received the $51,000, the Town or the landowner? Councilor Wilkinson explained the money was received from the PRP’s and put in an escrow account. Mr. Welch said that the Memorandum of Understanding only states “responsible parties” and does not specifically note the Town in its wording. John requested a copy of document from the October 2000. Mr. Welch said that the Superintendent of the Water District stated the residents in that area have water service, so they have already been compensated. John said he did not understand why the Town is involved. The Manager referred the spreadsheet dated October 22, 1999, page 4, paragraph 6 and the language in Appendix H on page 1. Mitch explained that the language is standard legal language. On page 4 it states that each owner needs permission and testing
has to be reported until such time that the EPA and the state determine the reporting period has ended. The residents are living under these conditions and the PRP’s realize that and have agreed to pay for an extension of the water line. The agreement was reached and the distribution has occurred. The Town has to meet the conditions of that agreement. John wonder how the landowners could have signed off on a document without a legal document stated what they had bargained for and what they will receive? The whole matter is being determined on the opinion of a lawyer, which is not worth much. John suggested the Council wait to vote on the matter.
Ms. Monroe stated that Ralph Wing’s spreadsheet was an opinion of the costs for the water line extension and requested to know where the figure of $51,000 came from. Mr. Berkowitz said he did not know how Mr. Wing obtained that information or even if it was his creation. Councilor Wilkinson said she believed the Water District was part of that process. Fran suggest the Water District (with their $100,000 pay out) pay for the water line extension. Mitch explained that Item 7 refers to the replenishment of the water supply to the Water District for the new well and the distribution system. That is a separate issue from the action the Council is taking now. The Town will be paying the Water District to install the water line that will save money. Ms. Monroe called the plans an unfunded mandate. Ms. Monroe said that if the Council voted on
the matter this evening, without further research, there would be repercussions from the public.
Cal Cutter stated that the Council was relying on the recollection of an attorney and was treating the matter as if the recollection was an addendum to the Memorandum of Understanding.
Councilor Goosetrey moved the question.
Councilor Olson seconded.
The Council’s vote was unanimous.
Councilor Austin commented that while all the current members of the Council were not on the prior Council when the negotiations took place, the residing Council is bound to the terms.
The Council’s vote on the main motion was 5-0.
This order requires a majority vote after an opportunity for public comment.
Order #101:
Council review and action regarding request of Jim Gray’s refund of auction deposit. Sponsor Town Council.
Mr. Berkowitz provided an update regarding Jim Gray’s request for a refund of his auction deposit. Mr. Gray met with the Council at their recent workshop to discuss the matter.
The Manager asked the Council to consider the following questions:
1. Does the Council want to proceed with the sale?
2. Do you want to use general funds for the deposit placed at the time of the auction?
3. Does the Council want to place the parcel up for sale at this time?
The Manager recommended a no answer on all three questions.
Councilor Austin asked if the Council votes to proceed with the sale, would Mr. Gray have the option to obtain a variance? The Manager confirmed that while he would be eligible to apply for a variance, there is no guarantee expressed or implied that he would receive one.
Councilor Barter stated that it would be considered a gratuitous act on the part of the Council to proceed with the sale since the contract has expired and doing so would raise some issues and may create a precedent subjecting the taxpayers to an undue burden.
Councilor Austin moved to proceed with the sale of the property.
Motion failed for lack of a second.
No other motions were entertained. No action was taken and no reimbursement of the deposit will be issued. The Council does not wish to put the property up for sale at the present time.
This order requires a majority vote after an opportunity for public comment.
Order #102:
Council review and action regarding the County Mutual Aid Agreement. Sponsor Town Manager.
The motion was made by Councilor Barter and seconded by Councilor Goosetrey to update the County’s Mutual Aid Agreement.
There was no further discussion.
The vote carried unanimously.
This order requires a majority vote after an opportunity for public comment.
Seventh Order of Business: Tabled Orders
None
Eighth Order of Business: Standing Orders
Order #1:
Public Discussion of Non-Agenda Items.
John Welch asked why a large pine was cut down at Wilkies Beach recently. The Manager explained that he was told the tree’s vitality was questionable and safety issues were also a concern. The owner plans to re-vegetate the area. The Manager said he did not have any more information but would be happy to obtain more if requested to.
Mr. Welch said previously the CEO has refused owners from cutting trees that pose danger. He wondered if now that safety is cited as a reason, others can also remove dangerous trees from their properties. John asked to see the standards the CEO uses and questioned why there are required inspections costing $25. Councilor Wilkinson said she would get answers once she obtained the appropriate documentation. She encouraged better communication between the DEP, the town’s CEO and water survey information regarding the lake area.
John Welch commented about the recent SAD #15 school budget vote and noted that when the items were added up they did not match the final figure. He suggested it would be helpful to state the income and the amount spent so that voters have a better understanding when they vote. A poster or some other notice would be helpful to clarify the process. Councilor Wilkinson said John made a good point and suggested the wording be more simplified and perhaps be put in the local papers. Councilor Barter suggested Mr. Welch be debriefed by the Council and suggested he be asked to help the Council do a better job of informing the public. Councilor Wilkinson said she would pass along John’s suggestions to the Chair of the School Board.
Fran Monroe said that the Town violated a state law the by having allowing a relative serve as a ballot clerk at the Town election on June 11th. She asked what action the Council would be taking since it is the Council’s responsibility to uphold the state law. Council Chair Wilkinson responded by saying that the matter was brought to the Town’s attention and was remedied immediately. The Council was unaware there was a relative (of Councilor Barter) working that day and the matter was simply an oversight. None of the votes were compromised in any way and there was no need to pursue the matter any further. Ms. Monroe said that if she had not arrived early that day to vote, the situation would have continued all day. Mr. Berkowitz stated a call was made immediately for a replacement when the matter was brought to
his attention. The Secretary of State was notified the following day and the Town plans to screen all clerks to insure that such an irregularity does not occur in the future.
Cal Cutter added that this is not the first time an irregularity occurred with a town election. He asked Councilor Barter “did you know your sister was your sister?” Councilor Barter stated the question was an insult.
Mr. Cutter asked about the public easements and private road issue noting the former Manger required private road owners to give the town easements, which they did. He wondered if the ordinance or the action taken by the Council two weeks earlier would affect the plowing of those private roads. Councilor Wilkinson said any roads in existence prior to October 1998 were not affected.
Mr. Cutter stated that there is a new level of apathy in the town manifested by the fact that all Council members for the past 6 years have run unopposed. He suggested the Town adopt a November election date, like the City of Portland has done. More candidates have run for Council seats since Portland adopted the November election date. Cal asked that the Council address the matter at their next meeting and to have the question asked of the voters to move municipal elections to November. Councilor Austin said that she did not run unopposed during her campaign – there were two others running against her (Doyle and West). Councilor Wilkinson said Mr. Cutter’s suggestion was well taken and that the Council would discuss the matter at their next workshop, adding it to the agenda if appropriate.
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
The meeting adjourned at 9:37 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recorder
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