GRAY TOWN COUNCIL MEETING
Minutes
July 1, 2003
Present: Pam Wilkinson, Lynn Olson, Matthew Sturgis, Richard Barter and Jack Goosetrey
Town Manager, Mitchell Berkowitz
Others: Peter Gellerson, Barry Watson, Bill Getz, Brian Shedlarski, Wade Trudel, Michael McDonald, Brad Fogg and Evelyn Durgin.
Chair Wilkinson called the meeting to order at 7:00 p.m.
Public Hearing- White’s Cue Connection
To hear comments on the liquor license request by Ralph White
d/b/a White’s Cue Connection.
There were no comments from the public.
The public hearing was closed.
First Order of Business
Presentations- Peter Gellerson-Planning Board
Mr. Gellerson provided an update on the Town’s Planning Board activities. Peter Gellerson has served on the Planning Board for the past five years and stated the current Board has the most strength due to the backgrounds and mixtures of the members and what their skills can offer the Board. Peter described the Board as “balanced” and noted that it is fully staffed with 4 men and 2 women and a full time alternate.
In the past year, 18 (mostly minor) subdivisions have been approved. Quaker Ridge (30 lots) and Poplar Ridge (14 lots) were two major subdivisions that passed. Another large subdivision consisting of 21 lots is proposed. If all proposed housing lots are approved, the total number for the year (July 02-July 03) will total 90 new house lots. The Board projects the building trend will continue due in part to availability, low interest rates and the current prices for land.
The Board reviewed 8 site plans over the year including an environmental business, family vision center, and an electrical contractor. The most intense work the Board was faced with was the 5-year renewals of gravel pits. Mr. Gellerson noted the Town’s road construction ordinance would need some additional work.
Councilor Barter praised the Planning Board and their dedication to the Town and sought out ideas as to how to get more citizens involved in serving on the Town’s many boards.
Barry Watson- Zoning Board of Appeals
Barry Watson provided an update of the ZBA’s activities. Mr. Watson explained the Board hears one appeal each month. The Board needs a total of 5 members and 2 alternates but usually operates with 3 members at each meeting. With only 3 members in attendance, the appeal requires a unanimous vote in order for it to be granted. Barry expressed how unfair it is to the taxpayers who pay $150.00 for their appeal requests to be heard, when the Board is required to vote unanimously due to lack of attendance.
Chair Wilkinson agreed that more volunteers are needed and that citizens work harder and longer hours making it difficult to join a committee. The Council wants to continue to work with the Town’s committee members and help fill vacancies. The Town Attorney will meet with the ZBA once the Board is fully staffed.
Bill Getz- Ordinance Review Committee
Mr. Getz explained the ORC has very well attended meetings. The members actually go out and solicit people (to attend), which has worked very well to provide input and public comment into the process. The Street Construction Ordinance required the dissemination of public comment and professional opinions which took the Committee a lot of time to go over and reach consensus. Ultimately, the process resulted in various compromises. If the documentation is changed, the compromises will be lost. The Committee is aware that the current ordinance is a work in progress in which some changes will be made over time. Several agencies including the Department of Environmental Protection were involved in the process.
Next year the Committee will be working on the Town’s shoreland zoning changes. Mr. Getz recommended the Council personally extend invitations to participate on the Town’s boards. Recruiting seems to be a valuable method in obtaining volunteers as the ORC has used this method successfully to obtain its members.
Councilor Barter commended the Committee’s work and hoped in the future the Council could assist the Committee more in an effort to reach more expedient resolutions.
The ORC is currently wrapping up its work on the Gravel Pit Ordinance.
Second Order of Business:
Approval of June 17, 2003 Town Council Minutes
It was moved by Councilor Olson and seconded by Councilor Barter to approve the minutes of June 17, 2003, as presented.
There were no public comments or Council discussion.
The vote was unanimous.
Third Order of Business:
Reports from the Council Chair
Chair Wilkinson thanked Jeannie Adams, Brad Fogg, Don Carroll, Dean Bennett, members of the Historical Society and all those who attended last weeks Celebration Days weekend.
Councilor Barter urged the Historical Society to continue in their work providing the public with some of Gray’s incredible history. He noted the bus tours that ran during the Celebration Days weekend and how enjoyable all the stops were along the way.
Some of the other great highlights: a talent show, children’s egg toss, water balloon fights, sack races, the joint birthday party for Raymond and Gray and the Monument Dedication.
Reports from the Town Manager
No report this week from the Manager.
Fourth Order of Business:
Committee Appointments and Resignations Appointments and Resignations
Interview Brian Shedlarski for the Solid Waste/Recycling Committee
Mr. Shelarski, a Gray resident and GNG High School graduate was introduced. Brian explained he thought it was a good time for him to become involved with the town since he has lived her for most of his life and recycling is of personal interest to him.
Councilor Olson complimented Brian for coming forward and hoped his example would cause others to get involved and step forward. Brian suggested people be recruited by personally being approached.
Committee Reports
Councilor Olson reported on the following meetings:
On June 18th the CEDC met. Representative Susan Austin spoke to the group about opportunities and resources available through the State. The Committee is exploring an economic development corporation and a report is expected soon. The next meeting is July 16th, everyone is welcome to attend.
Gray Business Association Board met on June 19th. Any local businesses that wish to attend are welcome. GBA sponsored a Business Break at Spring Meadows. Don Hutchings and Dick Cahill talked to the Board about the updated Comprehensive Plan.
On June 25th a regional meeting was held to discuss law enforcement. The details of the survey taken regarding police protection had similar percentages for all the towns that took part. More work needs to be done and more information is being sought.
On August 2nd in New Gloucester and August 9th in Windham- area residents can dispose of their household hazardous materials. The dates and information will be publicized.
Greater Portland Council of Governments presented a program on zoning, and regional land use alternatives at the Central Corridors meeting. Consistencies between towns and zoning overlays were found. Population, growth and other data are being compiled and will be used to look at ways towns can work together. The next meeting of the Central Corridors Committee is July 16th at Stimson Hall.
Council Correspondence
A letter from Holly Anderson at the Department of Transportation was received. The wetland data will be made available in upcoming weeks. The preliminary plan for the bypass project will be complete in 6-8 weeks.
An email was received from Mr. DeWolfe. The Council will notify Mr. DeWolfe if a workshop will be held to discuss his letter. The Manager is currently reviewing it.
Council Business
Workshop Status
At the last Workshop, the Council discussed and reviewed the Stair Code Ordinance. The CEO has recommended no changes be made at this time.
Council goals were discussed, public easements and insurance and the Council Rules and Comprehensive Plan.
Pennell Institute update: The SAD is pursuing legal avenues with regard to the transfer of the Pennell/Anderson properties. Councilor Barter noted the positive meeting that took place on May 28th with New Gloucester, MSAD #15 and Gray. A year’s window was set for a time frame to provide time for fact finding at that meeting. It was a surprise to the Council that the School District is now going forward with litigation. Councilor Barter suggested the Manager proceed to find out what has changed.
Mr. Berkowitz discussed his recent conversation with Michael Wood. The school is concerned about the reuse of assets and the spirit and intent of trusts which dates back to the 1800;s. Councilor Sturgis said the question about disposition needs to be answered and all actions should be done in the same spirit as it began. Not informing the towns or the committee contradicted the original intent. The Manager was asked to state the Council disappointment in a letter.
Mr. Berkowitz said Mr. Wood was directed to move forward and called the Manager prior to the filing of the claim. Councilor Barter added that if Mr. Wood had been instructed to proceed to file, the action was in violation of the joint statement signed by the Selectmen of New Gloucester, Gray Council and the president of the MSAD School Board.
Fifth Order of Business:
Additions to the Agenda
None
Sixth Order of Business: ORDERS
Order #3: Review and action on the application for liquor license. Ralph White D/B/A . White’s Cue Connection. Sponsor- Town Manager
The Manager reported the application was in order and met the approvals of the CEO and Fire Chief.
Councilor Barter moved to approve the liquor license application for Ralph White. Councilor Sturgis seconded the motion.
There was no public comment or Council discussion.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment
Order #4: Review and action on certifying the notices for the public hearing related to the two proposed zoning text and map changes on the Portland Road. Sponsor- Town Manager
This order provides public notification to abutters regarding the public hearing that will be held and proposed by the Planning Board related to two proposed zoning text and map changes on Portland Road. The order certifies that public notification has gone out and that those abutters are invited to attend the June 19th meeting.
Councilor Sturgis moved; Councilor Olson seconded.
Wade Trudel stated he was not sent notification of the proposed rezoning. Chair Wilkinson said more notices will be sent out if necessary and instructed the Manager to do so. Notices were sent to the “primary” taxpayers informing them of the public hearing.
The proposed changes do not change the Lake District on the westerly side of Route 100 or the Forest Lake District. The Planning Board will hold the first public hearing on July 10th at 7:00 p.m. The second public hearing will be held at the next Council meeting.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment.
Order #5: Review and action on the proposed slate of nominees for the Maine Municipal Association’s Executive Committee. Sponsor- Town Manager
This action requires a majority vote after an opportunity for public comment.
Chair Wilkinson read the proposed list of nominees for the MMA’s Executive Committee.
Councilor Sturgis moved; Councilor Barter seconded.
There was no discussion or public comment.
The motion carried unanimously.
This action requires a majority vote after an opportunity for public comment.
Order #6- Review and action on the appointment of Brian Shedlarski to the Solid Waste/Recycling Committee. Sponsor- Town Council
Councilor Barter moved to approve the appointment of Brian Shedlarski to the Solid Waste/Recycle Committee. Council Sturgis seconded the motion.
There was no public comment or Council discussion.
The vote was unanimous.
This action requires a majority vote after an opportunity for public comment.
Order #7: Review and action on changes to the Public Easement Policy.
Sponsor- Town Council
Whereas, the Town Council’s Public Easement Policy may be amended from time to time to address criteria within the policy and it has been determined that the policy needs to be amended.
It is now hereby ordered by the Gray Town Council as follows:
Amend the Policy Effective Date section by adding the following after the first sentence. “No Road that is built after October 1, 1998 will be eligible to be considered under the Public Easement Policy. The existing roads prior to this policy date are attached as part of the is Policy.”
Substitute the following for Criteria #12: “ There are at least four (4) separate year-round dwellings served on the road under consideration.”
Councilor Barter moved; Councilor Olson seconded.
Mike McDonald, Birchwood Road Association, asked if the Council was adopting a requirement for general liability insurance and noted each homeowner in the association signed a hold harmless clause with their easements. Chair Wilkinson added that at this time, the Council is not requiring general liability insurance but noted the issue could resurface in the future.
Mr. McDonald asked the Council to consider a cooperative for public easement roads and new private roads that would be allowed to be put in without the paving requirement. The cooperative would be used to purchase materials for road maintenance. Grant money could be used to pay for half of the material costs with road association members paying the other half of the expense. If the Town works with the members of the cooperative, residents would be able to buy better materials at the Town’s price. He asked for the Town’s assistance in negotiations.
All changes will be posted on the website per Councilor Olson’s request.
The vote was 5-0.
This action requires a majority vote after an opportunity for public comment.
Order #8- Review and action on changes to the Council’s Rules.
Sponsor- Town Council
Section 602.32 Town Committees- Application and Interview process is hereby amended by inserting the following in the third paragraph after the word workshop “or Council meeting”.
Section 602.43-Library Board of Trustees Section A: Establishment is hereby amended by changing the number of alternates from one to “two.”
A unanimous vote is required for changes to be approved.
Councilor Olson moved to approve the changes to the Council Rules. Councilor Goosetrey seconded the motion.
It was verified that these are the only changes proposed.
There was no public comment.
The Council’s vote was unanimous.
This action requires a majority vote after an opportunity for public comment.
Order #9: Review and action of the adoption of the Council’s Goals for Fiscal Year 2004.
Sponsor- Town Council
The following list of goals were read:
Comprehensive Plan Implementation
Capital Improvements
Zoning Changes
Traffic and Transportation
Manager’s Goals
Councilor Olson moved; Councilor Barter seconded.
Chair Wilkinson will provide a summary highlighting these goals to inform the public.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment.
Order #10- Review and action on authorizing the consulting contract to Taylor Associates for the design and construction administration of the Sand and Salt Shed and Improvements at the Transfer Station. Said Contract to be in the amount of $44,130 plus direct reimbursements. Sponsor- Town Manager
The vote at the Town Meeting approved the warrant article for improvements at the Town’s Transfer Station and for the construction of the Sand and Salt Shed. The proposal for Council approval, includes the design bids, specifications, recommendations and the construction administration. The contract total is 7.5% of the total project.
It was moved by Councilor Olson and seconded by Councilor Sturgis to authorize the consulting contract to Taylor Associations in the amount of $44,130 plus direct reimbursements.
Wade Trudel asked why the Town needed to pay a consultant and what the direct reimbursements were. The Manager explained Taylor Associates would conduct the bid process, the writing format, topographical surveys, materials and design work. The firm will oversee the construction and make recommendations. Direct reimbursements are for out of pocket expenses (copying and travel) and are included in the $44,130 total.
Mr. Trudel suggested the Town seek information from MDOT and MTA since they have experience and can share some of their information with the Town rather than spending the money for a consultant. He also proposed looking into local contractors who would be willing to have a design bid contract at a substantial savings.
Councilor Olson explained the unique design to the location and EPA issues posed a risk to the Town and to the successful completion of the project. Hazardous materials are going into the Transfer Station and there are liabilities that need to be considered. She said she felt the money was well worth it and supported hiring the outside firm.
The Manager added that two local firms will be used on the project and local sources for materials will also be considered.
Councilor Barter agreed that a professional is needed who can design and implement the four parts to the project as the plan is developed.
Councilor Sturgis agreed that the firm’s extensive history would get the project on track and keep the whole plan in focus with regard to timing and planning. The money would be well spent. Mr. Berkowitz added that if the design build was done as Mr. Trudel proposed, it would not allow the construction phase to begin until next spring.
There were no other comments from the public.
The vote was unanimous, 5-0.
Evelyn Durgin asked if additional land was being purchased for the landfill. The Manager explained the vote was not involving any land purchases for the salt shed project.
This action requires a majority vote after an opportunity for public comment.
Seventh Order of Business Standing Orders
Order #1:
Public Discussion of Non-Agenda Items.
Brad Fogg of the Town’s Cable Committee explained the microphones and sound system used at Stimson Hall and how they are not set up to transmit for workshop meetings. If individual microphones are used, it still does not provide adequate sound transmission. Over the past year the Committee spent over $1,000 for reengineering and what we have is the best possible system for this structure.
Councilor Barter praised the Committee for the great work they do. He asked if the Town was being best served to have the workshops televised and the effectiveness of attempting to provide live coverage at the Workshops when they are informal meetings. Councilor Barter noted the issue had nothing to do with the Committee’s adequacy.
Both Councilors Olson and Wilkinson supported keeping the Workshops televised despite the problems, to continue to reach out to the public.
Eighth Order of Business :
Adjournment
It was moved to adjourn the meeting at 8:43 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recording Secretary
| 
