News

Applicant fails to apply for MG permit on time
Council asks why ordinance not upheld
By Elizabeth Prata

Gray-The Gray Town Council dealt with issues both large in scope and small in nature Tuesday night, but tempers still flared and discussions generated much comment from the public.

Incompatibility of Office

The Council is in the throes of dealing with an incompatibility of office issue. Town Library Trustees, who are Council appointed, may potentially become the Town's landlord if they are given the Pennell trusts and lease the building back to the Town. At a recent workshop, Town Attorney Bill Dale explained that an incompatibility exists when one person holds two offices, under which they may have to decide an issue, and their loyalties would be divided in doing so.

As Library Trustees, the two members in question are expected to uphold the interests of the Town. As a Gray Public Library Association corporation member, they are expected to uphold the interests of their corporation, according to their bylaws. They cannot do both at the same time, if having to decide a certain issue, Mr. Dale said. Negotiating a lease and being a landlord to the Town, while at the same time occupying a Town committee membership and working for the Council are incompatible offices, Mr. Dale said. The Council is creating a policy that will guide them in dealing with the present issue and help guide future Councils should the issue come up again.

Council and CEDC

In relating committee reports, Councilor Skip Crane said that the Community Economic Development Committee (CEDC) had asked to meet with the Council. The Committee is unsure as to its committee's charge, and wants the Council to give them guidance, they wrote. They also want to discuss this Council's perspective on economic development in general. The Council had responded by inviting the CEDC to the September 6 Council meeting.

Mr. Crane said Tuesday night that the CEDC "doesn't want to do that. Instead they countered and said that they would like the Council to come to their meeting. Council can discuss this at some point." Mr. Crane also reported that the August 16 meeting of the CEDC was cancelled and instead a social gathering was to be held at which no business would be conducted. The social was scheduled to be held at the home of Julie Sheets, Vice-Chair of the CEDC, and husband Paul Proudian.

Freedom of Information Requests

The Council also discussed Mr. Proudian's Freedom of Information requests. Mr. Foster reported that Mr. Proudian's initial request lodged on July 1 had been fulfilled. Mr. Proudian had asked for all Pennell correspondence, documents, and other material related to Pennell issues. In another request, he had asked for all correspondence exchanged between Chair Gary Foster and Editor of The Monument Newspaper, a year's worth of e-mails.

Chair Foster said that so far these requests have cost the Town $640 in legal fees and 13 hours of combined Council and staff time. According to the MRSA Title 1, future requests that require compilation or research will be charged to the applicant at the law's stated rate of $10 per hour above the first hour, with regular copying fees assessed. Review in the Town Office is always free.

Mass Gathering permit problem

Mr. Crane brought up a question under non-agenda items, as to when the public hearing for the Fire Association's mass gathering would be held. This query opened a can of worms that ended up raining down anger upon the Manager. The Mass Gathering Ordinance states that applicants who expect an attendance of more that 500 people at an event must apply no less than 60 days ahead of the event for a permit. In addition, there are 15 other clauses that applicants must adhere to before their event can take place.

Though Manager Mitch Berkowitz had stated at the previous meeting and on other occasions that the sponsoring organization must comply, it turns out that they had not applied 60 days in advance. The minutes of the August 2 Council meeting have the Manager saying that the Association had not applied yet. Mr. Berkowitz could not answer Vice-Chair Andy Upham's query as to when they did apply. Mr. Berkowitz could not answer questions as to whether the other clauses of the ordinance had been met, only that they had been, "as represented to me."

Mr. Upham said, "If you don't have it in hand, that's a problem." Mr. Berkowitz said that it is not a problem, because the applicant told him things are moving along.

Mr. Upham rejoined that "We are not following our own rules, and I am upset with that. You know this ordinance, you wrote this ordinance. You should have told them to get it in." Mr. Berkowitz said that there are parts to the ordinance that may allow the Association to escape having to go through the process because they may be excluded from having to comply, after all.

The ordinance states that all outdoor events, festivals, music concerts, fairs, and other large gatherings sponsored and/or under the direct supervision of the Town or its S.A.D. shall be exempt. Though the Association is sponsoring the event, because they "work closely with the Town" they may be exempt, Mr. Berkowitz said.

Mr. Upham and Mr. Foster were unconvinced, with Mr. Foster saying that if the applicant did not apply in time the event may have to be postponed. Mr. Upham said that he was upset that the Manager had positioned the Council to be in a place on September 6 [the next Council meeting] where they may have to discuss postponement. "I am not upset that we may have to discuss this. I am upset because there is no need of it," Mr. Upham said.

Gray resident Fran Monroe commented that "The rules are the rules, that's what you have to go by. The day comes when you have to be accountable for the words on the page."

Gray resident and former Councilor Jack Goosetrey advised the Council to let this one slide this time and look at the rules again later. "They're good people and hard working volunteers. You should help the fellas out."

Don Crandall of Gray said that the Council should use common sense because the Fire Association "are not weird unruly rock people. If they filed one minute late then tell them to reschedule. If they did not, then look internally at your processes and tighten them."

Chair Foster said that if "We have an ordinance it should be applied consistently. As for the mass gathering ordinance, I am for repealing it." This drew applause from the audience.

The Fire Association's application is dated August 9th and the $250 fee was waived, it was discovered the next day upon examination of the documents.

New Councilor Sworn In

In other business, former Councilor John Welch was appointed to the vacant seat of the Council. His term would end in June. Mr. Crandall said he was opposed to Mr. Welch because after hearing Mr. Welch speak at previous meetings, he thinks Mr. Welch is incompetent. Mr. Goosetrey supported Mr. Welch, saying that he'd make a terrific Councilor.

Mr. Berkowitz had some trouble finding the oath of office and Mr. Welch had to wait several uncomfortable minutes while Mr. Berkowitz hunted around on the stage for it. Mr. Berkowitz eventually retreived the Oath and Mr. Berkowitz said to Mr. Welch, "Assume the position."

Mr. Welch raised his right hand, and was then sworn in and the Gray Town Council's seats are once again fully occupied, with five members dealing with the large and small issues of the day.