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10/02/2001 Council meeting
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL

October 2, 2001

        The meeting was opened with the Pledge of Allegiance to the Flag.

Roll Call of Council:  Present:  Chairman Loveitt; Councilors Hamblen, Robinson, Phinney, Willett, and Chicoine; the Town Manager and the Town Clerk.
                            Absent:  Councilor Justice
 Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to approve the Minutes of the September 4, 2001 Regular meeting.  6 yeas.

Michael Parker spoke to the Council suggesting that the Town examine the rate that the schools can grow and limit housing starts to the growth rate.  John Bump asked that the Town consider reverse 911.  Bill Wise expressed concern that all votes of the Council be taken in public and not Executive Session.

Chairman Loveitt reported that he has received communications from other Towns regarding the county budget process;  that the flagpole at Phinney Park is under investigation and that if it needs painting it will be done; that the Traffic Engineer who was going to be at this meeting will be at the next meeting; that the Planning Board has been approached by a party who wishes to relocate Farrington Road and that person will be asked to participate in an upcoming Council meeting and complimented the Fire and Police Departments on recent activities, reading a list of those who have donated to the recent events.

The Town Manager reported that tax bills are due October 15th; reminded citizens of the election to be held November 6th; reported that 99 building permits have been issued thus far this year; and had Chief Shepard explain that reverse 911 is a different software package than the Town has presently and would cost approximately $12,000 to $13,000 to purchase.

Item #6532.  Moved by Councilor Phinney, seconded by Councilor Hamblen and      ORDERED that the Town Council accept Lily Lane as a public way in the Town of Gorham, and

BE IT FURTHER ORDERED that Lily Lane be classified as an Rural Access Road.  6 yeas.

Item #6533.  Moved by Councilor Justice and seconded by Councilor Hamblen and ORDERED that the Town Council accept Hope Drive as a public way in the Town of Gorham, and

BE IT FURTHER ORDERED that Hope Drive be classified as an Rural Access Road.  6 yeas.

        The meeting recessed for a public hearing regarding a proposed amendment to the Land Use and Development Code and the official zoning map to create a new mixed-use zoning district called the South Gorham Neighborhood Center District and to rezone an area of South Gorham currently zoned Suburban Residential and Rural to South Gorham Neighborhood Center District.  Fourteen citizens spoke at the hearing, with two speaking in favor of the zone change and 12 speaking in opposition.  The hearing closed at 8:10 p.m.

Item #6538.  The order, as read aloud by the Town Clerk, was moved by Councilor Hamblen and seconded by Councilor Phinney FAILED OF PASSAGE.  2 yeas.  4 nays (Willett, Loveitt, Phinney and Robinson).

Prior to the above vote a motion to amend the proposed order to substitute alternative 2 for the map attached to the proposal was ruled a substantive change and therefore out of order by the Chairman.  

A motion by Councilor Chicoine, seconded by Councilor Hamblen to override the decision of the Chairman FAILED OF PASSAGE.  2 yeas.  4 nays (Willett, Robinson, Phinney and Loveitt).

A motion by Councilor Willett to move the question FAILED FOR LACK OF SECOND.

A motion by Councilor Robinson, seconded by Councilor Phinney to send the issue back to the Planning Board and ask them to study alternative 2 was later removed from the floor by Councilor Robinson.

The Chairman declared a short recess.  The meeting resumed at 9:15 p.m.

The meeting recessed for a public hearing on proposed amendments to the Land Use and Development Code Chapter II relating to Accessory Apartments  There was no public comment and this hearing closed at 9:16 p.m.

Item #6539.  Moved by Councilor Phinney, seconded by Councilor Willett and VOTED that

WHEREAS, the Gorham Town Council recently approved language authorizing accessory apartments, and

WHEREAS, upon reviewing the approved language, it was determined that minor additions would help clarify intent, and

        WHEREAS, the Planning Board has held a public hearing on these proposed changes and included them in their recommendations

NOW, THEREFORE, BE IT ORDAINED by the Town Council of Gorham, Maine in Town Council assembled that the following ordinance be and hereby is adopted.

Ordinance Amending the Land Use and Development Code Chapter II elative to Accessory Apartments

1)  Amend Chapter II of the Land use and Development Code, Section IV, C.  Accessory Apartments by adding the following:

“H.     An accessory apartment which complies with the requirements of this subsection shall not be considered an additional dwelling unit when calculating lot area per family under the space and bulk regulations of the Code.

I.      Only one accessory apartment per principal structure shall be permitted on a lot.

J.      The HHE-200 form, after review and approval by the Code Enforcement Officer, shall be recorded at the Cumberland County Registry of Deeds.”  5 yeas.  1 nay (Chicoine).

Item #6540.  Moved by Councilor Willett, seconded by Councilor Chicoine and ORDERED that the Town Council accept a deed for the acquisition of property situated on the easterly/southeasterly side of Narragansett Street (Route 202) (Tax Map 39, lot 46) from Anna Martin, and

        BE IT FURTHER ORDERED that the Council authorize the expenditure of $38,000 from the Land Acquisition Reserve Fund for the acquisition, and

BE IT FURTHER ORDERED that the Town Council abate assessed taxes of $755.16 on this property.  6 yeas.

Item #6541.  Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Town Council authorize the Town Manager to sign a lease with the Gorham Historical Society to lease the old Town Office on School Street for an indefinite term with each party having the option to terminate the lease with six (6) months written notice.  6 yeas.

Item #6542.  Moved by Councilor Chicoine, seconded by Councilor Robinson and ORDERED that the Town Council refer a request from the Board of Appeals to review the frontage and/or front yard definitions in the Land Use and Development Code to the Ordinance Committee for their recommendation.       6 yeas.

Item #6543.  Moved by Councilor Phinney, seconded by Councilor Chicoine and ORDERED that the Town council set a public hearing for November 13, 2001 at 7:00 p.m. for the purpose of considering a condemnation order to acquire Hannah Drive, located in Mary Ellen Estates Subdivision.  6 yeas.

Item #6544.  Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the polls be open between the hours of 7:00 a.m. and 8:00 p.m. for the November 6, 2001 State Referendum Election and the Gorham Municipal Election.  6 yeas.

        Prior to discussion and action on the next item Councilor Phinney revealed that his mother was one of the Ward Clerks.  The Council decided that there would be no conflict of interest in Councilor Phinney participating and voting on the next item.

Item #6545.  Moved by Councilor Phinney, seconded by Councilor Chicoine and ORDERED that the following be appointed as Wardens and Ward Clerks for the November 6, 2001 State Referendum Election and the Gorham Municipal Election:

                                        Warden                  Ward Clerk

        District 1                      Nancy Hawkes            Rose Phinney
        District 2                      Patricia Clay           Janice Edwards
        District 3                      Linda Deering           Laurel Smith
        Central District                        Brenda Caldwell Mary Lou Fraser  6 yeas.

Item #6546.  Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Registrar of Voters hold office hours between the hours of 8:30 a.m. and 4:30 p.m. on Monday, Tuesday and Wednesday, October 29, 30 and 31; between the hours of 8:30 a.m. to 6:30 p.m. on Thursday, November 1 and between the hours of 7:30 a.m. and 4:30 p.m. on Friday, November 2, 2001.  6 yeas.

Chairman Loveitt advised everyone that there will be a benefit auction sponsored by the Fire Department at Sierra’s Restaurant on Friday evening.

Moved by Councilor Phinney,  seconded by Councilor Hamblen and VOTED to adjourn.  6 yeas.  Time of adjournment  - 9:45 p.m.

A TRUE RECORD OF MEETING                        
                                                        Attest:
                                                                                                        
                                                                D. Brenda Caldwell
                                                                Town Clerk