REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
November 13, 2001
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of 2000-2001 Council: Present: Chairman Loveitt; Councilors Hamblen, Robinson,
Phinney, Justice, Willett, and Chicoine; the Town Manager and the Town Clerk.
Moved by Councilor Chicoine, seconded by Councilor Justice and VOTED to approve the Minutes of the October 2, 2001 Regular meeting. 7 yeas.
There was no public communications
Councilor Chicoine reported that there have been hunters in the Little Falls Recreation area and he hoped that the Council will resolve the issue.
Chairman Loveitt reported that he has attended two meetings lately – (1) Cumberland County meeting where the Cumberland County jail funding was discussed, as well as representation on the Cumberland County Board of Commissioners.
The Town Manager reported that the Town has recently received a copy of the Cumberland County Budget report which shows a 21% property tax increase for Gorham and that he recently awarded a 15-year service pin to Connie Loughran, Deputy Town Clerk.
Chairman Loveitt recognized retiring Councilor Bill Chicoine and presented him with a plaque recognizing his service to the Town of Gorham.
The Town Clerk reported that 1850 citizens voted in the election, a 20% turnout. She also reported that the balloting resulted in the election of Philip Dugas, Norman Justice, Jr., and Burleigh H. Loveitt to three-year terms on the Council and Karen Fowler and Judi O’Malley to three-year terms on the School Committee.
The three newly elected Councilors were sworn into office by the Town Clerk.
Roll Call of 2001-2002 Council – Present: Councilors Dugas, Hamblen, Justice, Loveitt, Phinney, Robinson and Willett
The Town Clerk, acting as Chairman pro tempore, conducted the election of the Chairman.
Item #6547. Moved by Councilor Hamblen, seconded by Councilor Loveitt and VOTED to elect Michael Phinney as Chairman of the 2001-2002 Council. 7 yeas.
Item #6548. Moved by Councilor Justice, seconded by Councilor Dugas to elect Jane Willett as Vice-Chairman of the 2001-2002 Council. 7 yeas.
Item #6549. Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the following be elected to serve on the following Council Committees for 2001-2002 with the first named as Chairman of the Committee:
1. Finance Committee – Jane Willett, Chairman; Philip Dugas and Burleigh Loveitt
2. Ordinance Committee – Norman Justice, Chairman; Matthew Robinson and Calvin Hamblen
3. Representative to Greater Portland COG – Burleigh Loveitt
4. Ad Hoc to Recreation Advisory Board – Matthew Robinson
5. Ad Hoc to Cable TV Committee - Michael Phinney 7 yeas.
Item #6550. Moved by Councilor Hamblen, seconded by Councilor Robinson and ORDERED that the Town Council adopt by reference the same Council Rules as were adopted for the year 2000-2001, as amended, as the Council Rules for the year 2001-2002. 7 yeas.
The meeting recessed for a public hearing on a Restaurant Liquor License in the name of Sebago Brewing Company at 29 Elm Street. Kai Adams, Vice President of Sebago Brewing Company spoke in favor of granting the license. There was no other public comment and the hearing closed at 7:20 p.m.
Item #6551. Moved by Councilor Hamblen, seconded by Councilor Loveitt and ORDERED that the Town Council approve the issuance of a Restaurant Liquor License in the name of Sebago Brewing Company at 29 Elm Street. 7 yeas.
The meeting recessed for a public hearing on an application for a Mass Gathering License in the name of Vacationland Dog Club, Inc. for May 18 and 19 at Wassamki Springs. There was no public comment and the hearing closed at 7:22 p.m.
Item #6552. Moved by Councilor Willett, seconded by Councilor Hamblen and ORDERED that the Town Council approve the issuance of a Mass Gathering License to Vacationland Dog Club, Inc. for May 18 and 19 at Wassamki Springs. 7 yeas.
The meeting recessed for a public hearing to accept comment on a proposal to lay out a road and acquire by eminent domain, commonly known as Hannah Drive as shown on a plan of Mary Elwin Estates and recorded in Plan Book 200, Page 361. There was no public comment and the hearing closed at 7:23 p.m.
Item #6553. The order, as read aloud by the Clerk, was moved by Councilor Loveitt and seconded by Councilor Robinson. Moved by Council Loveitt, seconded by Councilor Justice and VOTED to amend the proposed order by adding the words “East Coast Builders, Inc.” in two places. 7 yeas.
The order, as amended, was then VOTED resulting in the following:
WHEREAS, Hannah Drive is a constructed road in Mary Elwin Estates that is built to the specification of the Town’s Land use and Development Code, and
WHEREAS, the Developer, Joe Allen and East Coast Buildings, Inc., abandoned the project before completing construction or providing a deed for the road to the Town, and
WHEREAS, the Town has made numerous unsuccessful attempt to contact the developer to complete road construction and acquire the fee interest in the road, and
WHEREAS, the Town had to use the proceeds of a bond to complete road construction, and
WHEREAS, the Town Council has determined, after public hearing, that the public exigencies require the immediate taking by eminent domain of all property interest in Hannah Drive, being now particularly described as Appendix A, attached hereto and incorporated herein,
NOW, THEREFORE, BE IT ORDERED pursuant to 30-A, M.R.S.A., Section 3101, that all property interest in Hannah Drive, described on the attached Appendix A be, and hereby is, taken by eminent domain and that the condemnation order with the attached Appendix A, be filed with the Town Clerk and an attested copy of this order be recorded in the Cumberland County Registry of Deeds, and
BE IT FURTHER ORDERED that an attached copy of this Condemnation Order, Appendix A and a check in the amount of one ($1.00) dollar made payable to Joe Allen and East Coast Builders, Inc., be sent as payment in full of the outstanding interests. 5 yeas. 2 nays (Dugas and Robinson).
The meeting recessed for a public hearing on a proposal to amend the Maximum Level of Assistance, Food Voucher Levels and Housing Allowance levels in the Town of Gorham’s General Assistance Ordinance. There was no public comment and the hearing closed at 7:45 p.m.
Item #6554. Moved by Councilor Hamblen, seconded by Councilor Robinson and ORDERED that the Town Council amend the Town of Gorham’s General Assistance Ordinance for maximum Levels of Assistance, Food Voucher Levels and Housing Allowance levels as presented. 7 yeas.
Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to take Items #6566 and 6567 out of order at this time. 7 yeas. (NOTE: For purposes of continuity the action taken under Items #6566 and 6567 will be reported on in proper consecutive order.)
Item #6555. There was no Council action regarding the R.J. Grondin presentation about their proposal to expand their gravel pit on Farrington Road and possibly develop a residential subdivision.
Item #6556. There was no Council action regarding the discussion with Diane Moribito, from Casey and Godfrey, regarding the new traffic lights recently installed at Gorham Village.
Item #6557. The order, as read aloud by the Clerk, was moved by Councilor Justice, seconded by Councilor Dugas. Moved by Councilor Loveitt, seconded by Councilor Dugas to amend the proposed order by adding at the end the following: “As there may be public safety and other public interest in the use of this roadway the Town manager, with Town Council approval, may enter into a maintenance or other agreement with the abutters which will serve the public interest.” 4 yeas. 3 nays (Hamblen, Phinney and Justice).
The order, as amended, was then VOTED resulting in the following:
WHEREAS, the Town of Gorham commenced providing municipal services for Phinney Street Extension, so called, beginning at the intersection of Phinney Street and Phinney Street Extension and proceeding north to the end of the presently constructed road, in the late 1980’s, believing it to be a public way, and
Whereas, subsequent, and recently found information from a Town Meeting held on April 29, 1765, has led the Town Council to conclude that Phinney Street Extension, so called, is not a Town Way, but instead, an old discontinued (by abandonment) road without a public easement with the ownership of the property reverting to heirs and assigns of Narragansett Number 7,
Now, Therefore, the Town Council authorizes the cessation of municipal services on Phinney Street Extension and as there may be public safety and other public interest in the use of this roadway the Town manager, with Town Council approval, may enter into a maintenance or other agreement with the abutters which will serve the public interest. 4 yeas. 3 nays (Justice, Phinney and Hamblen).
Prior to the above action a motion to postpone action indefinitely moved by Councilor Justice, seconded by councilor Dugas failed of passage. 3 yeas. 4 nays (Willett, Phinney, Loveitt and
Robinson).
Likewise a motion by Councilor Willett, seconded by Councilor Robinson to postpone action on this item until such time as it is ready to be brought back failed of passage. 2 yeas. 5 nays (Justice, Phinney, Hamblen, Loveitt and Dugas).
Likewise a motion by Councilor Justice to postpone action and ask the Town Manager to bring back an eminent domain order as soon as possible failed for lack of a second.
The Chairman declared a short recess. The meeting reconvened at 9:37 p.m.
Item #6558. Moved by Councilor Loveitt, seconded by Councilor Hamblen and ORDERED that the Town Council, pursuant to Chapter II, Section II (E) Future Roads of the Land Use and Development Code, designate a right-of-way for a future Bypass of Gorham Village as laid out on a document titled Gorham Bypass Road map dated October 24, 2001 and closely approximating portions of Alternatives 1c, 1e, 6b and 6c (dated October 1, 2001) of the Gorham Bypass Study. 5 yeas. 2 nays (Justice and Dugas).
Prior to the above action a motion by Councilor Dugas, seconded by Councilor Justice to postpone action for two months failed of passage. 3 yeas. 4 nays (Robinson, Loveitt, Phinney and Willett).
Item #6559. The order, as read aloud by the Clerk was moved by Councilor Hamblen and seconded by Councilor Loveitt.
Moved by Councilor Loveitt, seconded by Councilor Willett to amend the proposed order to discuss and vote on Items #6559, 6560, 6561, 6562, 6563 and 6564 at one time. 7 yeas.
Prior to the above vote a motion to amend the proposed amendment by removing Item #6563 failed of passage. 0 yeas. 7 nays (Hamblen, Robinson, Loveitt, Phinney, Willett, Justice and Dugas).
ORDERED that the Town Council accept Gateway Commons Drive as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Gateway Commons Drive be classified as a Rural Subcollector Road. 7 yeas.
Item #6560. ORDERED that the Town Council accept Clearview Drive as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Clearview Drive be classified as a Rural Access Road. 7 yeas.
Item #6561. ORDERED that the Town Council accept Portal Way as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Portal Way be classified as a Rural Subcollector Road. 7 yeas.
Item #6562. ORDERED that the Town Council accept Timber Ridge Road as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Timber Ridge Road be classified as a Rural Access Road. 7 yeas.
Item #6563. ORDERED that the Town Council accept Balsam Lane as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Balsam Lane be classified as a Rural Access Road. 7 yeas.
Item #6564. ORDERED that the Town Council accept Truman Road as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Truman Road be classified as a Rural Access Road. 7 yeas.
Item #6565. Moved by Councilor Hamblen, seconded by Councilor Dugas and ORDERED that the Town Council accept Pheasant Lane as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Pheasant Road be classified as a Rural Access Road. 6 yeas. 1 nay (Robinson).
Item #6566. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to postpone action regarding Sanford Drive until such time as the Town Manager brings it back to the Council. 7 yeas.
Item #6567. Moved by Councilor Justice, seconded by Councilor Dugas to postpone action regarding authorizing the Town Manager to sign, on behalf of the Town of Gorham, a bill of sale to the Portland Water District transferring ownership to certain sewer mains, pump stations and collection sewers, that meet current standards of the Portland Water District until such time as the Town Manager brings it back to the Council. 7 yeas.
Item #6568. Moved by Councilor Hamblen, seconded by Councilor Dugas and ORDERED that the Town Council accept an easement from George Wiseman for a public turnaround on the southerly side of Dunton Lane. 7 yeas.
Item #6569. Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the Town Council go into Executive Session pursuant to Title 1, M.R.S.A., Section 405 (6)(C)and (D) to discuss a proposed labor contract and to discuss the acquisition of property or interests therein. 7 yeas.
Moved by Councilor Willett, seconded by Councilor Robinson and ORDERED that the Town Council approve a three-year labor contract with the Teamsters, representing Gorham Dispatch employees, as presented. 7 yeas.
Moved by Councilor Dugas, seconded by Councilor Robinson and VOTED to adjourn. 7 yeas. Time of adjournment - 10:55 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
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