Town Council
Meeting Minutes
October 3, 2006
Present: Town Councilors Gary Foster, Andy Upham, Skip Crane, Alison Libbey and
Town Manager Deborah Cabana
Excused: Julie DeRoche
Others Present and Speaking: Greg Chabott, Pam Wilkinson, Neil Duchette, Carol Duchette, John Morneau
Roll Call
Pledge of Allegiance to the Flag
Minutes from Previous Minutes:
Approval of September 19, 2006 Town Council Minutes
Councilor Crane moved: Councilor Libbey seconded.
Councilor Crane moved to amend: Councilor Libbey seconded.
Page 7: CEBG CDGB bylaws were discussed and matching funds will be required in order for the Town to obtain grant money for the downtown revitalization project.
Ordered the Gray Town Council approves September 19, 2006 Town Council Minutes as amended.
4-0 (Yes) as amended
First Order of Business
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
None
Second Order of Business:
Presentation: Annual Financial Audit Report (Greg Chabott)
· Greg Chabott, representing Runyeon Kersteen and Ouellette, presented the results of the town’s audit. Mr. Chabott reported the audit went very well and the town is in good financial standing.
Presentation: Little Sebago Lake Association (Pam Wilkinson)
· Pam Wilkinson presented information regarding Little Sebago Lake Association’s efforts to address the milfoil concerns at the lake with an extensive history and overview of the group’s commitment to insuring the lake is preserved as a healthy natural resource. Ms. Wilkinson asked the Council for their support.
· Carol Ann Duchette, president of LSLA reported state grant money was obtained in the amount of $1,500 through the courtesy inspector program but noted that the group lost almost $1,000
In grant money this year which resulted in the LSLA having to pay for an inspector out of pocket. Ms. Duchette said she hoped the Town would contribute to the associations’ efforts.
Councilor Upham asked the Council to consider looking into the town’s Water Quality account and appropriate funds for Little Sebago, and the other town lakes.
Third Order of Business: ORDERS
Item #051-07 To review and act upon awarding a bid for seasonal snow plowing and sanding of specified public easement roads (identified in Contract I – 14.56 miles) for the winter seasons 2006-2007, 2007-2008 and an optional third year 2008-2009.
This action requires a majority vote after an opportunity for public comment.
Councilor Libbey moved; Councilor Crane seconded.
Councilor Crane moved to amend; Councilor Upham seconded.
Ordered the Gray Town Council to act upon awarding a bid for seasonal snowplowing and sanding of specified public easement roads (identified in Contract 1- 14.56 miles) for the winter seasons 2006-2007.
Councilor Libbey did not support the amendment which would limit the contract to one year because the RFP asked for bids for two years with the option of an additional year and the bids received were based on those requirements of the RFP. Councilor Libbey suggested the Council either move forward on the original RFP or retract it and put out another one asking for a one year bid contract. Councilor Upham said he agreed with Councilor Libbey and expressed his disappointment that three bid proposals were not received.
Councilor Crane explained his overall concern with the issue of plowing private roads in general but did not want to leave residents without plowing services this year. Councilor Crane suggested the Council look at the issue in the coming year and make decision as to whether the town will continue awarding bids for public easement roads.
Deborah Cabana expressed her concern that it would take more than a year to purchase vehicles and provide staff in the event the Council decides to have the town take over road maintenance for these roads.
· Neil Duchette, Mount Hunger Shore Road suggested the Town look into procuring the same contractor that Windham uses since the portion of road on the Gray side is only 2/10th of a mile. The previous Manager was asked to look into the matter but did not offer any assistance.
· Carol Duchette complained that the contractor was rude and did not sand properly. Ms. Duchette said she hoped he would not be plowing again this year.
· John Morneau, Mount Hunger Shore Road questioned the Planning Board’s approval of a 14 lot subdivision on his road due to the fact that the area for the subdivision is a wetland area and that the majority of the road is located in Windham with a small section in Gray.
· Pam Wilkinson, Birchwood Drive said the Council should note the difference between roads that are lake roads and road created as part of a development or subdivision. Camp road had no standards imposed at the time they were created and can not be brought up to town standards. Ms. Wilkinson said the reason more bids did not come in is because few contractors want to plow small sections of roads. Ms. Wilkinson said she recalled there was a reason why Windham would not plow that section of Mount Hunger Shore Road and that Ms. Cabana should contact Windham’s Town Manager.
2-2 (N0) Upham, Libbey opposed. The amendment failed to carry.
Councilor Libbey moved to amend Ordered the Gray Town Council rewards the seasonal snow plowing and sanding of specified public easement roads (identified in Contract 1 – 14.56 miles) for the winter seasons 2006-2007, 2007-2008, and an optional third year 2008-2009 to William L. Stone.
Councilor Upham seconded the amendment.
3-1 (YES) Crane opposed. Amendment carries.
3-1 (YES) Crane opposed. Main motion carries.
Councilor Upham wanted it noted for the record that the bid process is disenfranchised by the fact that the Town can not execute a bid package that adequately serves the Town when only one or two bids are received.
Item #052-07 To review and act upon awarding a bid for seasonal snow plowing and sanding of specified public easement roads (identified in Contract II – 13.71 miles) for the winter seasons 2006-2007, 2007-2008 and an optional third year 2008-2009.
This action requires a majority vote after an opportunity for public comment.
Councilor Libbey moved; Councilor Upham seconded.
Councilor Upham said his vote on this contract would not be influenced by the fact that he lives on Birchwood Road which is included in Contract II.
Councilor Libbey moved to amend Ordered the Gray Town Council rewards the seasonal snow plowing and sanding of specified public easement roads (identified in Contract II- 13.71 miles) for the winter seasons 2006-2007, 2007-2008, and an optional third year 2008-2009 to Keith Osgood. Councilor Upham seconded.
3-1 (YES) Crane opposed. The amended motion carries.
3-1 (YES) Crane opposed. The main motion carries.
Item #053-07 To review and act upon extending the financial audit contract to the current auditors for fiscal year ending June 30, 2007.
This action requires a majority vote after an opportunity for public comment.
Councilor Crane moved; Councilor Libbey seconded.
Councilor Upham moves to amend Ordered the Gray Town Council extending the financial audit contract to the current auditors, Runyeon, Kersteen and Ouellette for the fiscal year ending June 30, 2007 for the quoted price of $10,750.00.
Councilor Crane seconded.
Councilor Libbey said she was in support of extending the auditors contract because they have been with the town for several years and with the new manager in place, they are familiar with the town’s financial history. Councilor Foster agreed but noted an RFP will be done next year.
4-0 (Yes) amended motion carries.
4-0 (Yes) main motion carries.
Fourth Order of Business: ORDINANCES:
Fifth Order of Business:
Reports from the Council Chair
MMA Convention
The Maine Municipal Association is holding its annual convention beginning tomorrow, October 4 and going through Friday October 6. The Town Manager and some of the Council will be attending one or more of sessions. No Council business will be discussed or acted upon at this event.
Bypass
Construction continues on the bypass project, and in particular, the Route 202 overpass, though I’m sure you are aware of this.
This week will see both nighttime and daytime lane closures for most of the week in the area of the overpass, as paving continues.
Lane closures on the Turnpike include northbound and southbound travel and passing lanes:
Wednesday from 6:00 AM to 4:00 PM
Thursday from 6:00 AM to 4:00 PM
Friday from 6:00 AM to 2:00 PM
Gorham Fence is working on guardrails and fencing and A.D. Electric is installing signals and signs.
Reports from the Town Manager
Municipal Taxes due October 1, 2006:
Last Friday and yesterday were extremely busy at town hall. Typically it is very busy at the end and beginning of each month, but taxes were due October 1, 2006.
Fire Department:
October 8th – 14th is the Annual Fire Prevention week. Firefighters will be making presentations at the local schools and daycares. Next Thursday, Mike Barter will also be doing a presentation at the Gray Public Library.
October 14th is the annual open house at the public safety building from 10am to 2pm. Following this event, from 5pm to 7pm, will be a spaghetti supper. The proceeds from this fundraiser will go towards purchasing fire equipment.
Gray Public Library:
Around 300 bargain seekers perused the several thousands of new and used books that were available for purchase last Saturday at the fall book sale. I spoke with one home-school mother who was delighted with a particular book she was able to purchase in order to compliment her curriculum.
Today, I attended the library story hour that occurs every Tuesday, Wednesday and Friday morning at 10am. I was amused as I watched approximately 45 people (children and caregivers) as they danced with Kathy George to a few songs and listened to her animated story named “The Squeaky Door.”
This Saturday (October 7th) the GPLA and a local garden club will be sponsoring a free multi-generational event building fairy/gnome houses at the Library. This will occur from 10am-2pm.
Parks and Recreation
If you traveled downtown this past Saturday, you may have noticed all the vehicles parked up and down the street and around Pennell. Approximately 260 children (5-12 yrs old) participate in this 14th season of youth soccer.
Not to be outdone by the youth, men can participate in flag football every Sunday afternoon. This program has been very successful. We currently have 8 teams of 10 competing.
Also occurring on Sunday, from 1-2pm, about 18 youths (ages 5-9 yrs) are participating in the new running program called the Land Sharks Running Club.
MMA Convention:
REMINDER: The Town Controller, the Tax Assessor and I will be attending the MMA Convention this week. Councilors Foster and Crane will also be attending this annual event.
Annual Recognition Night:
The Annual Recognition Night has been scheduled for Friday, November 17th at 6:00 pm.
Sixth Order of Business:
Committee Appointments and Resignations:
None
Committee Reports
Public Safety met last Tuesday with representatives from the Maine State Police regarding dispatch services. The meeting was not televised due to audio problems.
GPCOG Executive Committee received a presentation made by the Village Master Plan Committee regarding Gray’s Village/Downtown area. A focus group study of the Strategic Master Plan was also presented. GPCOG’s salt bid price is $44.20 per ton. CBDG met to finalize the bylaws and evaluations of programs including the Village Master Plan.
On October 17th the Village Master Plan Committee will make a presentation at Pineland at 12 noon. Representatives from the Central Corridors Committee will be present.
Councilor Libbey was unable to attend both the CEDC and Recreation Department meetings due to illness.
The ORC met on October 20th. The group discussed the proposed zone change for Dead River and noted the DEP recommended the stream protection for that area remain. The Planning Board reviewed the matter was not aware the stream protection would remain in place for that area. The Planning Board will need to take another look at the zone change for Dead River. Backlot were also discussed and the Committee was in agreement that the right of ways for backlots could be reduced to less than 60 ft. limiting backlot development to two houses.
Council Correspondence
Councilor Crane reported he received an email from Pat Watson regarding the town’s responsibility for plowing private roads.
Councilor Foster said he received a request from the Snowmobile Club for financial support.
Council Business
Councilor Upham addressed a few concerns that came up at the last Planning Board meeting on Thursday night.
Order #77 was passed by the Council in April which prohibits the Planning Board from imposing fire suppression and cistern requirements to developers. The Board is still asking for these requirements using the term “substantive review” and requiring them for subdivisions that were initiated prior to the April passage of Order #77. Councilor Foster noted the Board’s definition of substantive review is not correct as per the Town Attorney. A copy of the Attorney’s memo will be distributed to Planning Board members. Councilor Upham suggested more clarification is provided to the Board from the Council as to what is expected from the Board.
Cul-De-Sacs- The current ordinance prohibits cul-de-sacs unless there is a radius of 300 ft. Councilor
Upham suggested the ORC look at allowing cul-de-sacs with less than a 300 ft. turning radius.
Pam Wilkinson expressed her support of cul-de-sacs and suggested the Council look at what other
towns are using for standards.
VAP/WH Zones- The Village Master Plan Committee reports notes that changes are needed to address
the VAP and bringing that zone into compliance. More opportunity with regard to lot size will have to be
addressed if the VAP zone is lifted. The Council will be meeting with Gray Water District
representatives soon and this subject should be addressed.
Great Pond-Lawrence Road/Order #77
Councilor Foster stated the Town received a determination from Bill Dale regarding the definition of
Great Ponds with regard to Lawrence Road. Councilor Upham asked that a legal definition be obtained
that explains that Order #77 was acted on did not refer to subdivisions that were under review prior to
the order’s enactment. A new opinion will be requested from the Town Attorney for further clarification.
The Manager inquired whether the Town Attorney should pursue the Pamela Cole/Depot Road lawsuit and the Lawrence Road lawsuit. The Council instructed that the Town Attorney should proceed.
The Council set October 12th, 5:00 p.m. for an Executive Session with the Manager as per her request.
The Town Office will be closed on Monday, October 9th in observance of the Columbus Day Holiday.
Seventh Order of Business
Additions to the Agenda
None
Eighth Order of Business:
Council Action Items, Assignments and Issues Status
Cumberland County Dispatch option 5/8/06 2006-07-24
Zone change on Frost Road – RP to BD 5/8/06 2006-07-18
Create the business case for the proposed PW and Tran. Sta. addition11/15/05 2006-07-24
MDOT Signal Maintenance Agreement 2/7/06 Within 6 months after bypass completion
Town Staff provide accurate, up to date information to all boards 2/7/06 Ongoing
Bridge repair/replacement bids 06-6-06 2006-06-26
Review and clarify consent agreement process 6-6-06 2006-08-07
Implement Fiscal Policy 6-6-06 Town Manager
RFP for Town Legal services 6-6-06 2006-08-07
RFP for Town Engineer services 6-6-06 2006-09-11
RFP for Town Auditor 6-26-06 2006-08-21
Review fee structure 6-06-26 2006-08-15
Milfoil/Lakes Water Quality Funds to Oct 10th Workshop
Tenth Order of Business: Adjournment
Councilor Libbey moved; Councilor Crane seconded.
Ordered the Gray Town Council adjourned at 9:42 p.m.
Minutes approved and accepted this 17th day of October, 2006 by its Town Council
Gary C. Foster, Chair Andrew J. Upham, Vice Chair
Marchian Crane, Jr. Julia B. DeRoche
Alison Libbey
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