When
a kennel isn't a kennel... or is it?
By
Elizabeth Prata
Gray--When the Gray Planning Board voted this month
to allow a doggie daycare on Rt. 100 in South Gray,
it sparked a strong letter of concern from a neighbor,
a letter that was sent to and was read at Tuesday's
Council meeting and may have in turn sparked an executive
session.
Town Planner Dick Cahill had assisted the Planning
Board when they discussed whether to allow a doggie
daycare facility in South Gray.
According to Pat Watson's letter, she had several
concerns. She wrote that she was not allowed to speak
for very long at the meeting during the public hearing
portion of the Planning Board's procedure. She had
brought along documentary material to support her
position, and was prepared to speak during the public
hearing, but claimed that the Planner said that she
would have to submit it and cut her time to speak
very short.
Another concern that Ms. Watson expressed was that
the dog daycare facility was put forth as allowable
under "animal husbandry," but according
to her research animal husbandry is for breeding and
livestock management. She said that her research showed
that while kennels are allowed in other parts of Town,
there are strict standard regarding kennels, such
as installing buffers, fencing obtaining licensing,
and sufficient acreage. Though the zoning on the relevant
part of Rt. 100 does not expressly outline standards
for kennels, that such standards are articulated in
other parts of the Town zoning, and yet those same
standards were not brought into the discussion for
this kennel.
Vice-Chair Andy Upham is the liaison to the Planning
Board, and apologized for not having attended that
particular meeting, due to his prior anniversary celebration
plans. He said that he will research the matter and
gather the facts. He had read the minutes of the meeting
and had read Ms. Watson's letter. "It does seem
troubling to me that a citizen could diligently get
access to data, both local and state, and which contradicts
what the Planner put forth and what the minutes suggest."
He said that he will look into this.
Manager Mitchell A. Berkowitz said that it was good
that the Vice-Chair will hold off until he gathers
more information, and said that though there were
several tacks the Council could take to address the
concerns in Ms. Watson's letter, ultimately the only
real recourse to appeal a Planning Board decision
is to go to court.
Vice-Chair Upham suggested that the Council schedule
a Council-only executive session to discuss interface
with staff. Mr. Berkowitz said that according to the
Charter, Council cannot intervene with staff matters,
those matters must go through him as Manager, who
acts as the liaison to Council for the staff.
Mr. Welch asked Mr. Upham for clarification as to
his purpose for the executive session. "You were
talking about performance and duties?" Mr. Upham
said yes, and at that point Mr. Berkowitz said that
"Now you are talking about my performance, and
I am allowed to be there." Mr. Upham said that
the Council may schedule an executive session to discuss
performance without the Manager present, and then
asked Mr. Berkowitz for a copy of the performance
standards generated by the previous Council so there
would be a benchmark to compare against.
"I will provide you with a copy of my employment
contract and the Charter," Mr. Berkowitz replied.
"So now you are telling us what you will and
you will not give us. That's OK. We can create our
own performance standards,." Mr. Upham said.
According to the MRSA Title 1, Chapter 13, Section
405, 6 (A), deliberations may be conducted in executive
session if consideration of the employment, appointment,
duties, evaluation, resignation, promotion, demotion,
dismissal or disciplining compensation of an individual
is under discussion. However, the individual is allowed
to be present if there are going to be charges made
or investigations conducted.
The previous Council had conducted several executive
sessions without the Manager present in order to generate
criteria and rubrics to use when evaluating the Manager's
performance.
The executive session will be held on September 29
at 6 p.m.
