Town of Gray, ME - 2008-08-19 Town Council Minutes

GRAY TOWN COUNCIL MEETING

STIMSON HALL –7:00 P.M.

Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Tracy Scheckel, Margaret Hutchins

Town Manager Deborah Cabana

Others present and speaking: Karen White, Steve Roman, Ed Getty, Marissa Libby, James White, John

Petrie, Susan Moran, Cal Cutter, James Monroe, Rep. Susan Austin, Ann Gass, Tom Baiocchi, Lou

Mancini, Deb Mancini, Fire Chief Plummer, Bruce Sawyer

Pledge of Allegiance to the Flag

Minutes from Previous Meetings:

Approval of August 5, 2008, Town Council Minutes

Councilor Sturgis moved; Councilor Scheckel seconded.

Ordered the Gray Town Council approves August 5, 2008 Town Council Minutes as corrected.

Councilor Gellerson commented on page 3- The sentence should have “are” any easements”

Under the committee appointments Glen Walton for the Library Board of Trustees for a term through 2011 should be included.

Councilor Grover commented that signing the minutes are done prior to the final corrections. He suggests a statement that they are uncorrected be included. Councilor Gellerson asked if they can be signed at the next meeting as corrected.

First Order of Business:

Public Comments of Non-Agenda Items – (limit 3 minutes per person)

Karen White, Gray resident, and Secretary of Friends of Little Sebago presented documentation on

issues and violations related to Twin Brooks. She gave an overview of the documents and the issues

that need to be addressed.

Ed Getty, 147 West Gray Rd. also spoke against Twin Brooks. He expressed concerns on the waste

disposal system and gave an overview of the various problems and violations related to the waste

disposal. He also commented on a visual buffer and asked the Town Council as to why these issues

have not been addressed.

Steve Roman, 15 Swett Dr. gave copies of a complaint on Twin Brooks that he sent to the Code

Enforcement Officer. He read the letter and gave an overview of what was submitted.

A Windham resident expressed his concerns and what he believes are and are not the issues. He

thanked the Town for their support and asks that the Town keep the future of the lake in mind.

Marissa Libby, Birchwood Rd. and Vice President, Friends of Little Sebago explained that she has

made a number of complaints to the Town on Twin Brooks and believes that the Town has failed. She

indicated that nearly all the trees have been taken down, there are many campers there on a more

permanent basis. She indicated that they have not addressed the effective visual barrier issue. She asks

that the Town Council takes the time to address these issues to bring Twin Brooks into compliance. She

offered photos to the Council on some of the issues.

James White, resident of Gray on Little Sebago Lake discussed the shoreland buffer which needed to

be put in and has not been done. He asked the Council when the buffers will be put in.

John Petrie, 53 Westwood Rd stated that he agreed with the comments of previous speakers and

believes that this issue is about good government and the residents have made great efforts to document

Susan Moran, summer resident and President of Little Sebago Association indicated that the Gray tax

portion of the lake represents $2 million. She stated that Twin Brooks be brought back into compliance

before being sold. She stated that this issues impact the lake as a whole. She asked why these issues

have been going on for the last 2 years and that there has been a lack of enforcement. She requested that

all violations are addressed by this Council to remedy the issue.

Cal Cutter, resident of Gray stated that there has been a lot of procrastination on the part of the Town,

there has developed a lack of trust on the resolution of these issues. He indicated that he met with the

code enforcement officer today and stated that he will issue a report on his last visit that will state that

Twin Brooks is now in compliance. He suggested that at the next visit by the code enforcement officer

that there be a representative from the Lake Association and Friends of Little Sebago at that time and

that may be helpful.

James Monroe commented that the public process in the government process and moving into the

workshop process. He gave some examples of some of his concerns from the last workshop. He

expressed concerns of about the workshop process eliminating the public process.

Rep. Susan Austin stated that the Town Manager of New Gloucester will be ending her tenure there

and commended her on her work. She also commented on the State Legislature for a special session. At

present there will not be one. She stated that the session will begin sometime in December. She gave an

overview of the LIHEAP issues from presentation by Dale McCormick, head of Maine State Housing.

She stated that there will be a training session in September by Maine State Housing on energy

efficiency issues and other energy concerns. There will also be weatherization kits. She indicated that

there will need to be more conversations on ideas and suggestions for the winter. She also indicated that

there are not many people are aware about the business equipment tax, homestead exemption forms

etc. that are available to them.

Councilor Gellerson indicated that he was not satisfied with the Code Enforcement Officer’s letter and

believes that there needs to be a resolution on the Twin Brooks issues. He supports Cal Cutter’s

suggestion of other representation at a visit.

Councilor Grover believes that the ordinances need to be applied fairly and he would like to hear from

the Town Manager in the future on Twin Brooks. He supports James Monroe’s comments on open

workshops as he prefers an open public discussion. He indicated that he will present 21 proposals to

increase public faith in Town government.

Councilor Sturgis asked if there is an administrative appeal process available if there is disagreement on

the Code Enforcement Officer’s reporting. He indicated that there are resources like the Conservation

Corps that people can avail themselves. He believes that this is a big issue that needs to be resolved and

put behind the Town. He also commented on Rep. Austin’s comments on the tax exemptions and the

public process of workshops and agrees.

Second Order of Business:

Interviews: Individuals for various boards and committees

Public Hearing: None

Third Order of Business: ORDERS

Item #012-09 (Tabled Item) To review and act upon authorizing the grant to the Gray Community Endowment for acquisition of Libby Hill premises.

This action requires a majority vote after an opportunity for public comment.

Councilor Sturgis moved; Councilor Scheckel seconded.

Ordered the Gray Town Council removes Item #012-09 from the table for discussion and possible action.

Councilor Scheckel moved; Councilor Hutchins seconded.

Ordered the Gray Town Council contributes the sum of $25,000.00 to the cost of acquisition by the Gray Community Endowment of the so-called Libby Hill premises, provided that appropriate conditions in regard to public access and restrictions on transfer of the property be obtained to be set forth in the Project Agreement between the Land for Maine's Future Board and Gray Community Endowment, with the Town obtaining third party enforcement rights should the provisions thereof in regard to public access or transfer be violated. Further, that the Town Manager be authorized to execute a form of Project Agreement embodying the above restrictions. If the Manager determines that such an agreement cannot be obtained to protect the Town, the Town Manager is authorized to accept a mortgage securing the obligation of Gray Community Endowment to repay the grant in the event of denial of public access or unapproved disposition of the property to a third party.

James Monroe asked about the purchase cost, another source of funding. He asked about the funding.

He asked if the total amount of $25,000

Tom Baiocchi, 84 Lewiston Rd. indicated that the group is not in excess of the purchase price. The

property has been purchased and gave an overview of the funding process and sources. They are

$50,000 short and will be doing fundraising.

James Monroe asked how the Town will be protected in the event that the mortgage isn’t paid.

Town Manager Cabana indicated that the proposed order does that. Tom gave some suggestions

such as an escrow account. He also discussed some ideas of working with groups to insure public

Ann Gass of the Gray Community Endowment indicated that there is an interest free mortgage and that

the group is doing fundraising and submitting grant proposals for funding to help close the gap.

Item #020-09 To review and act upon making appointments to the various boards and committees. This action requires a majority vote after an opportunity for public comment

Deb Mancini had no objections to participate as a regular or alternate member.

Councilor Sturgis moved; Councilor Hutchins seconded.

Ordered the Gray Town Council appoints Wayne Wood as a regular member to the Ordinance Review Committee for a term to expire August, 2011, Lou Mancini as a regular member of the CEDC Committee for a term to expire August, 2011, Margaret Hathaway Shatz as regular member of the Library Board for a term to expire August, 2009, and Deb Mancini to the Library Board as an alternate member for a term expire August 2010, De Mancini as regular member of the The Dry Mills School Committee for a term to expire August 2011, and Deb Mancini as a regular member to the Finance Committee for a term to expire June, 30, 2010.

Item #021-09 To review and act upon amending Section 602.01, Section 602.11, Section 602.13(A.1), Section 602.13(A.5), Section 602.14, Section 602.20, Section 602.21, Section 602.35 and Section 602.40 of the Gray Town Council Rules.

This action requires a 4/5’s vote after an opportunity for public comment.

SECTION 602.01 - Regular Meeting

The regular meetings of the Town Council shall be held ~~at Stimson Hall~~ at 7:00 p.m., current time, on the first ~~and third~~ Tuesdays of each month; the location of the meeting will be shown on the face of the agenda. When said days falls on a Holiday or on Election Day, the regular meeting shall be held on the following Tuesday, at the same time and place. The date of any regular meeting may be changed by an order or resolve passed at a previous meeting upon the vote of five (5) members of the Council~~. provided, however, that said change in date will still provide for two regular meetings in each month.~~ No new agenda item may be taken up for consideration at a Town Council meeting after 10:00 p.m. In order to complete the remaining agenda items, the meeting will automatically be recessed until the following Tuesday, at which time the remaining agenda items will be considered.

SECTION 602.11 - Items for Agenda

Except as provided in SECTION 602.14, no ordinance, order or resolve, unless of an emergency nature shall be in order for action at any meeting of the Town Council unless such ordinance, order or resolve shall be filed in the office of the Town Clerk ~~one (1) week prior to the meeting~~ by the 15th day of each month. If the 15th day falls on a weekend or a holiday, the filing deadline will be the following business day thereafter.

SECTION 602.13 Rules of Debate

A.1. [add letter i].

For the purposes of interpreting rules of order, a Council “session” lasts from the first Council meeting after each June election through the last Council meeting before the next June election. The general rule of order against renewal of a motion during the same session applies to this period.

SECTION 602.13 Rules of Debate

Parliamentary procedure: ~~Council Rules are a general guide.~~ If a question or situation arises that is not addressed in Council Rules, the Chairperson shall refer to Robert’s Rules of Order to resolve the matter.

SECTION 602.14 Additions to the agenda

Requests to add an item to a Council meeting agenda for consideration or action shall be forwarded to the Chair or the Town Manager, at least ten (10) days in advance of the meeting to allow for sufficient time to amend the agenda for public notice. Nothing herein shall prohibit the Council from voting to suspend these Council Rules pursuant to Section 602. 13.A.4.d. to add an agenda item with less than ten (10) days notice.

SECTION 602.20 - Council Committees

~~At the commencement of the municipal year, or as soon thereafter as possible, there shall be chosen the following committees~~, The following committees shall be chosen, each committee to consist of such members as the Town Council may designate: […]

SECTION 602.21 – Choosing Committees

The members of the Council to serve on the above committee shall be chosen by the Council by a majority vote, and the Chairperson of the Council shall be an a non-voting ex-officio member of each standing committee.

SECTION 602.35 - Public Safety Committee

1. There shall be a Public Safety Committee which shall be concerned with various matters of community safety as they relate to law enforcement, fire protection, traffic, and the transportation systems that support traffic, both vehicle and pedestrian and those issues outside of Gray that have impacts within the Community such as regional transportation corridors and projects.

2. The Committee shall consist of seven (7) members of whom ~~one (1) member shall be from the Fire Department, one (1) member from the Rescue Service~~, two (2) members shall be from the Public Safety Department, five (5) members from at large. The Town Council may elect to appoint two (2) alternates. In addition, there shall be four (4) non-voting ex-officio members of which one (1) will be a member of the Division Office of the Maine State Police, one (1) a member of the Cumberland County Sheriff’s Department, one (1) Town of Gray Public Safety Coordinator, and one (1) a member of the Gray Town Council. Appointments by the Town Council shall be for three (3) year staggered terms.

1. The Committee shall work towards developing the necessary plans and recommendations that will achieve improved community safety.

2. The Committee shall advise the Public Safety Coordinator in areas of community and building safety issues, making recommendations where appropriate.

3. The Committee shall work with the Maine Department of Transportation, Maine Turnpike Authority, the Maine State Police and the Cumberland County Sheriff’s Office in matters of traffic and safety issues.

4. The Committee may work with and assist standing Boards of the Town.

~~5.The Committee shall report directly to the Town Council; however their day to day communications may be through the Office of Town Manager.~~

5. The Committee shall advise and assist the Town Council as to when and where a dry hydrant should be installed and recommend to the Public Safety Director those existing hydrants that require maintenance.

6. The Committee shall offer advice and assistance, and make recommendations to the Town Council, Town Manager and other Town committees and staff as needed or requested.

~~SECTION 602.40 - Dry Hydrant Committee~~

A. ~~Establishment:~~

~~At the Council’s discretion, there may be a Dry Hydrant Committee consisting of five (5) members of which one (1) shall be from the Fire Department and one (1) from Public Safety. ~~~

1. The Committee shall advise and assist the Town Council as to when and where a dry hydrant should be installed and recommend to the Public Safety Director those existing hydrants that require maintenance.

2. ~~The Committee shall offer advice and assistance, and make recommendations to the Town Council, Town Manager and other Town committees and staff as needed or requested.~~

(Additions are underlined. Deletions are ~~struck out~~.)

Councilor Scheckel moved; Councilor Hutchins seconded.

Ordered the Gray Town Council amends Section 602.01, Section 602.11, Section 602.13(A.1), Section 602.13(A.5), Section 602.14, Section 602.20, Section 602.21, Section 602.35 and Section 602.40 of the Gray Town Council Rules, as proposed, effective immediately.

Lou Mancini suggested leaving the current meeting schedule as is and cancel the second one if not needed. He believes that the Town has at present a routine about the meeting schedule and process.

James Monroe expressed concerns that all of the proposed changes are included as one proposed item and disagrees with this suggestion. He believes that few people will understand the proposed motion and that it was not read in substance. He believes that Councilors were aware of the process when they decided to run for election. He believes this process as proposed cuts the public process in half. He cited some examples from the proposed order that he has concerns about. He believes that the proposed process delays decision making. He suggested tabling this item and spending some time separating them.

Debbie Mancini indicated that she agreed with the previous comments on this issue. She also cited some of the proposed suggestions, as some of them are problematic, but supported some of them and cited those as well.

There was a discussion as to whether or not these items can be separated in the proposed motion. Councilor Gellerson indicated that he liked some of the suggestions made. Councilor Scheckel indicated that it is streamlining staff time and effort by going to once a month and that a subsequent possible meeting if needed would be easier as it would be fresh on people’s minds.

Debbie Mancini indicated that the suggestion of extra public comment that Councilor Grover suggested at the last meeting would be helpful.

Councilor Sturgis reminded the Council that there is a motion on the table.

Councilor Gellerson agreed with Councilor Scheckel. Councilor Grover indicated that he understands that the proposal changes the minimum number of meetings and not the total number of meetings.

Councilor Hutchins likes the change in meeting sequence and frequency.

Town Manager Cabana stated that it is up to the Council to decide what rules they wish to follow.

Councilor Sturgis prefers 2 meetings a month, but does not want 2 workshops. He indicated that workshops should be the exception and not the rule. He supports 2 meetings to keep the format consistent for the Town’s citizens and for all the work that needs to be done.

Councilor Gellerson agrees as well and stated that some workshops may be needed from time to time.

Councilor Grover proposes dividing the proposal. There was a discussion on the efficacy of meeting frequency and what happens if items are not decided or resolved at a particular meeting.

Councilor Scheckel commented on the time and costs for doing 2 meetings versus 1 and to continue in a subsequent meeting if needed.

There was a discussion about tabling certain items versus rewriting or amending the proposed order.

Councilor Scheckel discussed the Public Safety Committee and Dry Hydrant Committee.

Fire Chief Plummer commented that hydrant maintenance is done by the Fire Department and Chief and doesn’t believe there needs to be a committee for this. He, however, supports the idea of having Public Safety offer suggestions and input if they wish. He believes that the Dry Hydrant Committee should be part of Public Safety. He believes that it should be too restrictive

Councilor Hutchins commented on Public Safety’s past work on the fire suppression ordinance and meeting ISO standards and cost savings. Councilor Gellerson suggested striking the 2^nd half of #5 for clarity. Councilor Grover suggests eliminating #6. There was an extensive conversation on this section and the suggestion was to strike #5 and #6.

Councilor Grover; Councilor Sturgis seconded.

Motion to divide 602.01 and section 602.11 and the remainder as whole.

Councilor Scheckel moved; Councilor Hutchins seconded

Motion to amend the orginal motion referencing: Section 602.35 and eliminate #5 and#6 and change all references of Gray Public Safety Coordinator to Gray Public Safety Director.

Councilor Sturgis; Councilor Scheckel seconded.

Move to table Section 602.01 and 602.11 to be rewritten and presented at the ~~October~~ September 2^nd meeting.

Item #022-09 To review and act upon a proposed amendment to the Employment Agreement between the Town Manager and the Town of Gray.

This action requires a majority vote after an opportunity for public comment.

Councilor Hutchins moved; Councilor Sturgis seconded;

Ordered the Gray Town Council approves the proposed amendment to the Employment Agreement between the Town Manager and the Town of Gray.

Councilor Grover supports the Town Manager and approves the change in the amendment to the Employment Agreement.

Councilor Gellerson read the amendment in detail. He indicated that the Councilors have been pleased with her efforts.

Item #023-09 (Previously tabled Item #122-08) To review and act upon approving a memorandum of understanding (MOU) between the GWD and the Town of Gray.

This action requires a majority vote after an opportunity for public comment.

Councilor Scheckel moved; Councilor Hutchins seconded.

Ordered the Gray Town Council removes Item #014-09 (previously Item #122-08) from the table for discussion and possible action.

Councilor Hutchins moved; Councilor Scheckel seconded.

Ordered the Gray Town Council approves the proposed memorandum of understanding between the Gray Water District and the Town of Gray, as proposed.

Councilor Grover commented on the water district support.

Town Manager Cabana indicated that the work on the MOU was put together with the Gray Water District.

Bruce Sawyer, Gray Water District indicated that he is in agreement with the MOU. He commented that in the future there should be one channel to get and receive information but the final outcome is a good one.

Fourth Order of Business: ORDINANCES: NONE

Fifth Order of Business:

Reports from the Council Chair:

Councilor Gellerson discussed the Twin Brooks issue and believes that there needs to be a plan and a resolution on this issue.

Councilor Sturgis suggested a motion regarding a site visit.

Councilor Grover suggested asking the Town Manager to relay the public’s concerns and get back to them.

Town Manager Cabana indicated that this is a complicated issue and gave the group an overview of past actions by the Town and the steps that were taken. She discussed past violations, actions, appeals and current efforts, etc. She suggested getting information and legal advice from the Town’s Attorney to be discussed in Executive Session.

Councilor Sturgis indicated that in the 2 years of this issue, more concerns come up than have been resolved. He indicated that this should be an agenda item for next month’s meeting.

Councilor Gellerson suggests taking Town Manager Cabana’s suggestion of legal advice and include it on the ~~October~~ September 16^th agenda.

Councilor Scheckel asked what authority the Town Council has. Town Manager Cabana indicated that there were initial violations and that the initial violations have been resolved. The residents in that area can appeal this if they disagree. She also indicated that have been subsequent violations and that the mapping of the property is unclear. She urges the Council get advice and counsel to determine actions.

Councilor Gellerson asked how an appeal can be done if they cannot get on the property. Town Manager Cabana indicated that it is appropriate for town officials to go onto the property but the owner of Twin Brooks does not have to allow abutters onto her property, even though the abutters have concerns.

Councilor Grover expressed concerns that tonight’s issues be investigated to find out if they are new and suggests that in the Town Manager’s report, the Council receives updates.

Councilor Hutchins supports the suggestion of getting counsel for guidance and direction. Councilor Scheckel expressed concerns that this was discussed without representation from Twin Brooks.

Reports from the Town Manager:

Town Manager Cabana commented that there is a subscription format via the Town’s website to automatically receive agendas. She stated that there is no budget to print the entire agenda in the local newspapers, but they are sent to them for informational purposes only.

Councilor Scheckel asked about rolling the agendas on Channel 2.

Town Manager Cabana commented that August 23^rd is the household hazardous material collection.

She commented on the PROP heating assistance and all dates are on the website or people can call the Town Hall for more information.

She mentioned the circuit breaker forms, drafts of Ordinances 401 and 402 are on the website.

She commented on the Public Safety groundbreaking ceremony.

Sixth Order of Business:

Committee Appointments and Resignations:

Councilor Gellerson expressed thanks for the volunteers’ efforts on their work.

Committee Reports: Councilor Hutchins commented on the hazardous waste collection which will be from 9am to 1pm on August 23^rd.

Councilor Scheckel indicated that CEDC met and will have some estimates on a new Town Hall.

Councilor Grover commented on Dry Mills School Committee and hopes to have 2 or 3 more new applicants for the committee. He commented on concerns by some committee members on the state of the Dry Mills Museum.

Council Correspondence:

Councilor Gellerson received a letter on Twin Brooks.

Councilor Scheckel discussed the idea of a volunteer log drop during the heating season to help

residents who may need this. She asked the group about gathering volunteers to help accept donations.

Town Manager Cabana indicated that anyone who receives general assistance is not public information.