GRAY TOWN COUNCIL MEETING
Minutes
February 15, 2005
Present: Town Councilors Pam Wilkinson, Lynn Olson, Gary Foster, and Richard Hall
Town Manager Mitchell Berkowitz
Excused: Town Councilor Matthew Sturgis
Others Present and Speaking: Dean Bennett, Andy Upham and Denise Duda
Council Chair Wilkinson called the meeting to order at 7:00 p.m.
Public Hearings: None
Presentation: Recreation Programs Update- Dean Bennett
Recreation Director Dean Bennett provided an update and discussed the new programs the recreation department is offering. Junior indoor soccer for ages 5-7 will be offered on Saturdays beginning March 21st. The deadline to sign up is February 21st. The cost is $20. Indoor soccer for ages 8-13 begins on March 5th at the Gray New Gloucester High School East Gym. The deadline to sign up is February 21st. The cost is $20. Middle School Flag Football for grades 6-8 will begin on March 12th at GNGHS West Gym. The deadline is February 28th. The cost is $10. School vacation open gym for grades 6-8 from 1:00 p.m.- 4:00 p.m. The cost is $2 per student.
Gymnastics for ages 4 & up will begin on March 2nd. Cost: $25 for residents, $30 for nonresidents.
Men’s Basketball: March 8th. The first meeting will be held on March 1st at Newbegin Gym.
Libby Hill Snowfest: March 5th from 9:30 a.m. – 3:30 p.m.
Sliding, bonfire, and snacks will be offered. If anyone would like to volunteer to help out, please call the Recreation Department: 657-2323.
Easter Egg Hunt, Saturday March 26th at the Pennell/Newbegin campus. The hunt begins at 9:30 a.m.
Men’s pick up basketball will be offered on Wednesday evenings at Newbegin and on Monday evenings from 6:30 p.m. to 8:00 p.m. The cost is $2 per person.
The Recreation Department is experiencing more success since the flyers have been coming out every two months with program offerings.
Dean explained the fitness programs geared for the Town’s seniors were very popular and noted that while there is interest for day trips the costs associated with renting or chartering transportation is too prohibitive - $525 per day. The department has considered investing in a 20-passenger van or a converted school bus to provide transportation at some point in the future.
The Chair thanked Dean for updating everyone on the Recreation department’s activities.
Second Order of Business:
Approval of February 1, 2005 Town Council Minutes
Corrections:
Page 2, Reports from the Council Chair
State of the Town Address
To the citizens of the Town of Gray, the staff who provide our town services, the boards and committees as well as the volunteers who dedicate countless hours promoting our town. To Mitch Berkowitz, our Town Manager, and last but not least to my peers and fellow Councilors Lynn Olson, Matt Sturgis, Gary Foster and Richard Hall who is filling Richard Barter's position from October until this June's election:
Several years ago after listening to the president deliver his state of the union address, I realized that a similar address should be given to the Town of Gray's citizens. The purpose is to provide a snapshot of what has transpired in the last six months and what is to be achieved. A lot of what was said last year still holds true this year and you will hear the echo. The one direction that is different is that we have already established plenty of goals-it is now time to clean house and finalize projects that are on our plates before moving on to others. We will be internalizing and focusing within, utilizing our resources to accomplish our tasks. It is time to implement changes to our zoning, to our practices and to our approaches to tasks.
Hurray-the salt shed is done!!! A project that took time but has value for years to come. The next oldest issue is the Maine Department of Transportation's by-pass project which has had numerous projected start dates with the latest promise to start fall 2006. We will continue to urge MDOT to accelerate its projected starting date. Council will keep an eye on the status of this project and continue to require periodic updates to report to the citizens. Council projects to review are sidewalk guidelines, backlot development, gravel pits, and Comprehensive Plan implementation.
We are in the midst of differing opinions on the transfer of Pennell Institute with S.A.D. #15. Each entity is respectful of the process and hopefully it too will be off our agenda. This leads to the discussion of what should be done with the building if it is determined that the building should be turned over to the Town of Gray. With a number of options available, it too will be up to the citizens of our Town to determine its fate.
One of our roles as Councilors is to oversee functionary duties that are required in our charter and council rules. As Councilors we are keeping mindful of these tasks and making sure they are upheld. Other tasks are to keep abreast of the ever-changing environment, whether it has to do with the surrounding environment or the economy within our environment. Environmentally, we challenged a local business to step up to the plate and be a good neighbor. By not going through an expensive legal process to achieve the right goal and speaking with the owner the problem seems to slowly be resolving itself. The owner announced that he will fix all the problems and we will continue to monitor the situation. We continue to provide household hazardous waste collection days through the work of the Solid Waste Committee and the
Regional Central Corridors Coalition Committee. Our Solid Waste Committee and liaisons to Regional Waste Systems have kept a watchful eye on changes and potential financial impacts to the town.
The challenge of the tax initiative in November has, to most people's relief, seen our senators and legislators scurry to implement changes to our tax structure to allow citizens to afford to live in their community. Although we are not sure today of the ramifications, I think we are all glad legislators decided to create its LD 1 and 2 and not LD 100 and 200.
We are constantly reaching out to keep ourselves informed of changes within our community, within our region and within our state. On January 27, Bill Dale, our town attorney, held an informational meeting with all boards and committees. The focus was on specific questions and needs of each group; legislative changes and always being mindful that applications need to be fair to all citizens as some of the main focus.
Last year we reconfirmed the tools that have been developed to continue the planning necessary for future prudent development within Gray. The major tools included the required review and passage of the Comprehensive Plan for Gray in July; Council embraced the "economic growth study report" from Planning Decisions; agreed on Council goals for 2004; and after two years of updating statistical information and surveying citizens for comments about their community, the Comprehensive Plan will set the ground rules for implementing strategies to maintain a healthy community. It is important to manage our development before it manages our Town and we find that we are not able to provide necessary services to our people.
This year the same still holds true and we are now a step further in the zoning process. At workshops, fluid lines have been drawn, preambles are being developed for each zone and uses are being considered. It is my projection that this should not take more that six more months to complete. Proposals will never be 100% and that is good. There should be room to move and grow. Though the process seems slow, two years is a normal time period for the process. It takes time to make sure citizen comments and concerns are addressed. The Comprehensive Plan should be one of continual adjustments that reflect a balance of thought between the citizens in the minority and majority within the Town of Gray.
This Council has done its best to be available to all citizens. We have liaisons for each committee to communicate information back to council. At each Council meeting we alternate presentations from all committees and boards so they may communicate with Council and the citizens of Gray. Although we have vacancies on some of our boards and committees, I do not feel we have apathy. People have left committees only because they are moving. We have had numerous people request to volunteer and I encourage more to do so. I invite you to drop in on a meeting of your particular interest. Feel free to ask questions. Some committees only require a meeting a month and others require more time. In November we recognize all the efforts and time taken out of daily lives to give back to the community by having a volunteer recognition
night. It is a small token for all the volunteer's dedication.
In conclusion, I assure you we are a sound town. Donna Hill, our Town Clerk, is as diligent an employee to the town as you can get. Our finance committee, chaired by Lynn Olson, leaves no stone unturned. The degree of inspection has been greatly enhanced since her involvement. Mitch, our Town Manager, is always available and we are lucky to have someone who represents us well at all levels. Our staff greets you with a smile. Each department has pride working for Gray. We have a diverse Council with lots of energy to continue to make sure this Town is heading in the right direction. We have many challenges ahead that may require unpopular decisions. Our job is to make sure we embrace all citizens when making a decision whether they are sitting in front of us at a meeting, sitting inside their homes watching us on cable,
or even those who aren't paying attention to their surroundings. I echo, "Our town is full of people who want to make a difference and we all will."
It has been and continues to be a pleasure to serve you.
Respectfully submitted on behalf of the Town Council.
Page 7, Order 59: “Chair stated that the MDEP does not have a protection plan in place for second tier development and onsite drainage which is a protection for abutters , and the ordinance addresses slopes that affect runoff downstream and doesn’t affect abutters.”
Councilor Olson moved to approve the minutes as amended.
Councilor Hall seconded the motion.
There were no other corrections or comments from the public.
The motion carried 4-0.
Third Order of Business:
Reports from the Council Chair
See Council Correspondence
Reports from the Town Manager
Town Manager’s Report
February 15, 2005
Monthly Report-Yarmouth Lumber Company:
We have received the monthly report on behalf of Yarmouth Lumber Company. During the Month of January, EnviroInvestigations and Remediation, Inc. went on site unannounced to review several areas of the operations. Working with various Company personnel ERI was able to determine that some of the cleaning fluids being used during the maintenance of vehicles were a potential cause of contamination. Additional suggestions by the employees were also considered as part of the remediation process. Test results came back with only the cleaner fluid, acetone, being detected. The inspection conclusions were that there were no environmental released observed either outside or inside; that work practices and procedures by the mechanics was improving; the floor drain collection system is still working though it will continue to be improved;
the mechanics are a good resource of ideas. Another random unannounced inspection will take place in February. This report is on file at the Town Manager’s Office.
Bureau of Labor Standards Conducts Inspection:
The Bureau conducted inspections of various workplace areas over the period from Jan. 18 thru Jan. 24. After reviewing their inspections the Town has already initiated several responses to remediate the problems. The official report came last week. It outlines each citation and where applied, the penalty level. Overall, the penalties sought amount to $5,025. As part of the process the Town has already forwarded a request to the Bureau to discuss each penalty. Our responses to the inspections were immediate. We believe that this approach will allow us to negotiate those down to a more reasonable level indicating the funds would be applied for remediation purposes. We will keep the Council and Public informed of the progress.
Homeland Security Grant for Fire Prevention:
Jon Barton has been informed that Gray was successful in its application to the U.S. Dept. of Homeland Security for a grant in the amount of $33,049 for Fire Prevention activities in Gray. Our share will be $3,672 which Jon assures me is already available. As supplies, materials and equipment are purchased, a reimbursement request will be forwarded to Homeland Security. The three programs to be conducted will be “Sparky’s Hazard House, “Smoke Detector/Carbon Monoxide Detector give away” and “Adult Fire Prevention Program”. Congratulations to Chief Barton and the Public Safety Team.
Training Exercise:
The Cumberland County Sheriff’s Office will be conducting a special training exercise in and around Stimson Hall on Tuesday, March 15 during the day. This is part of their ongoing preparedness for today’s current events.
Respectfully,
Mitchell A. Berkowitz Town Manager
Councilor Hall asked if the Town would be able to meet the Department of Labor’s deadline to address the citations that were issued. The Manager confirmed the Town would in fact meet the April 4th deadline without issue.
Fourth Order of Business:
Committee Appointments and Resignations
None
The Public Safety Committee is in need of volunteers. Any interested parties should submit a letter of interest to the Town Office.
Committee Reports
Last Thursday’s Finance Committee meeting was canceled due to the weather.
CEDC meets Wednesday, February 16th at 7:00 p.m.
GBA meets on Thursday February 17th at 7:00 p.m. at Androscoggin Bank.
Councilor Hall reported the Library Committee met on February 8th and reported the interior painting has been completed.
Solid Waste Committee is working on the next Household Hazardous Waste Day. Representative Austin is looking into various site locations. The Committee has been discussing the sale of recycling bin containers.
Central Corridor Committee meets in Raymond on Wednesday, February 16th to review the current 29.9% shoreland zoning expansion requirement and to discuss the State of Maine’s transportation survey information. The next meeting will be held on March 8th at Stimson Hall with Greater Portland Council of Government representatives in attendance.
Council Correspondence
Council Chair explained that at the last meeting she mentioned a letter that she received from Earl Wilson. The letter was addressed to her and was personal in nature and should not have been noted at the meeting. Since the last meeting, Councilor Wilkinson said she had contacted Mr. Wilson and felt in her judgment the information was not intended for the public. Councilor Wilkinson apologized for her misjudgment.
An Elected Officials Workshop will be held to update officials on open meeting procedures, town jobs and how to adopt an ordinance. This is an informational meeting and any interested council members can attend.
Council nominations papers will be available at the Town Office on March 15th and are due to be submitted at the Town Office by the April 29th, 2:00 p.m. deadline.
A letter from L.L Bean representatives was received in response to a letter sent to them by Town Planner Dick Cahill who inquired about locating a contact call center here. L. L Bean stated there was not any interest in locating in Gray at the present time.
Forest Lake Association meeting will be held on February 22nd and will discuss surface water runoff. The meeting will be held at the Cumberland Town Office from 8:00 a.m. to 10:00 a.m.
Maine Milfoil Summit will be held at the LA Campus on February 25th from 9:00 a.m. to 12:00 noon
Evelyn Durgin’s letter dated February 7th was received. Ms. Durgin asked the Council to lighten the zoning restrictions that are in effect for properties on Frost Road and West Gray. The Council will put this item on the next agenda for discussion.
A letter from Louise Knapp on behalf of the Gray Historical Society noted the Town may not be aware that the Pennell Trust takes precedent over the Sinclair Act and asked if the trust applies to the addition on the property. The Historical Society stated it was possible that the valuation placed on the building that was in existence in 1954, belongs to the Town and falls under the Sinclair Act. The Council will forward Ms. Knapp’s letter to the Town Attorney for review.
Council Business
The Manager referenced a memo he submitted outlining the traffic and safety concerns at the intersection of Libby Hill Road and Route 26 during the morning school hours when traffic is especially heavy. The school’s resource officer cannot always be available to assist on school mornings and the District has suggested a traffic officer take on the duties there in the early mornings. The Council would need to consider the appointment of a constable or police office to officially take over traffic control with the School District paying for the service.
There is a qualified public safety person who is trained and would be willing to take over these responsibilities. The position would be added to the Town’s payroll but would be reimbursed by the School District for two mornings per week and as needed. The District would also pay for all related liability issues.
Councilor Wilkinson apologized for the Executive Session that was held with Library Trustee Committee members. The Council asked three questions during that meeting which should not have been in closed session. The Chair apologized again and hoped the error did not discourage any potential Council candidates from coming forward.
MDOT Update: The Town has been in correspondence with Holly Anderson with regard to the current status of the pending bypass. The department is currently redesigning the northern side of Route 202, which has taken longer than expected. The permit process is moving along and advertising for the work on Route 202 will begin shortly. All property appraisals will be based on the zoning that is in place at the time the work commences.
There are talks regarding naming the new bypass section Route 26A.
On Friday, February 18, the department will meet with the Town to discuss the possibilities of installing a left turn signal at Brown Street.
Gray Snowmobilers have asked for signage at snowmobile crossings.
The MDOT was thanked for the improvements that have been made to the New Gloucester area of Route 26. It was noted that in some places the road needs to be resurfaced.
The Council is awaiting a response from the Town Attorney regarding Pennell.
The Pineland meeting regarding the Pineland YMCA was rescheduled to February 17th due to inclement weather.
Workshop Status-
At the last Workshop, the Council spoke with Pineland representative Craig Denekatis regarding agritourism. The discussions will continue.
The gravel pit ordinance and town zoning were also discussed.
At the next Council Workshop the Council will be discussion zoning only.
Budget Workshop Update:
The Council tightened up some areas of the budget and worked on the undesignated fund balance., salary compensations, reserves, and CIP accounts.
Due to the Monday Holiday, the next Council Workshop will be on February 28th at 7:00 p.m.
Councilor Foster said he spoke with George Morrill about a contractor that was surveying the Morrill property. The surveyors did not provide Mr. Morrill with any information and he would like to know what is going on with his property. The Manager explained the MTA is hoping to widen that section of the road for the approach way. The Town and Mr. Morrill should contact the both agencies regarding the survey work.
Fifth Order of Business:
Additions to the Agenda
None
Sixth Order of Business: ORDINANCES AND ORDERS
Order #60- Review and act on the Town Manager’s request to participate in the regional efforts coordinated by GPCOG in developing an RFQ for financial software packages with a participation fee of $500. Sponsor- Town Manager
The Manager explained he was contacted by Mr. Billington from Standish regarding requests for qualifications for software packages that are part of the Governor’s plan for regionalization. Several other towns have now joined in because grant monies are available for participants. Gray would be able to utilize the bidding process along with the help of Greater Portland Council of Governments and could ultimately save the taxpayers money. If successful the town would be open to obtaining $10,000 in grant money which would then qualify the town for a larger grant (up to $200,000). The Town is not obligated to purchase the software in any way. Councilor Olson said she has worked with the Finance Committee with the current software packages and if the process did proceed, it would be at a larger cost savings to approach the purchase as part
of a group.
Councilor Hall moved to support the Town Manager’s request to participate in the regional efforts coordinated by GPCOG in developing an RFQ for financial software packages with a participation fee of $500.
Councilor Foster seconded the motion.
The vote was 3-1 (Foster opposed)
This action requires a majority vote after an opportunity for public comment
Order #61- Review and act on the proposed Gravel Pit Ordinance by directing it to both the Town Attorney and the Planning Board for review and scheduling of State mandated public hearing that applies for any changes to Ordinances. Sponsor- Town Council
Councilor Olson moved to act on the proposed Gravel Pit Ordinance by directing to both the Town Attorney and the Planning Board for review.
Councilor Foster seconded the motion.
Chair explained that there has been al lot of discussion and significant professional input that went into the Gravel Pit Ordinance. She specifically thanked the work David Knudsen did on the document and for all the time and effort the Committee put into it.
After the Planning Board’s review, there will be an opportunity for a public hearing.
Andy Upham suggested the Council instruct the Planning Board to make this a number one priority and look over the ordinance at their next meeting even if it means extending the length of the meeting.
Councilor Wilkinson said that the Town Attorney’s response was needed and the Board needed to meet the notification period time frame, but would recommend it be on the Board’s next agenda for action.
There was no other public comment.
The motion carried unanimously.
This action requires a majority vote after an opportunity for public comment
Seventh Order of Business
Public Discussion of Non-Agenda Items.
Denise Duda asked if there were any notes taken during the Executive Session with the Library Trustees and if copies would be made available. The Manager explained that the information would be available at the Town Office and on the website.
Andy Upham asked if the Council could provide a flow chart showing how departments 1100, 1200 and the undesignated fund balance work together. Andy said it would be very helpful to have a visual aid provide this information.
Mr. Upham asked for a copy of Gasby 34. He was instructed to obtain it from the Library or from the auditor. Councilor Olson warned the document was very lengthy. The Manager said he would be willing to provide a copy of the key components that are relevant to help assist Mr. Upham and are contained in the summary document.
Andy said he supported the collaboration between the School District and the Town in obtaining a crossing guard for the High School/Middle School traffic.
Eighth Order of Business: Executive Session per 1 M.R.S.A. § 405 (6.A.) Discussion or consideration…….evaluation of an employee….Specifically to conduct the performance evaluation of the Town Manager.
There was no Executive Session due to the absence of Matthew Sturgis. The next Executive Session will be on March 1, 2005.
Ninth Order of Business:
Adjournment
The meeting adjourned at 8:12 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recording Secretary
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