REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
July 17, 2001
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of Council: Present: Chairman Loveitt; Councilors Hamblen, Robinson, Phinney, Chicoine, and Justice; the Town Manager and the Town Clerk.
Absent: Councilor Willett
Moved by Councilor Justice, seconded by Councilor Chicoine and VOTED to approve the Minutes of the June 5, 2001 Regular meeting; the June 5, 2001 Special meeting and the June 19, 2001 Adjourned meeting. 6 yeas.
There were no open public communications. There were no council communications.
Chairman Loveitt reported on a MDOT Transportation Committee meeting which was held last night. He also reported that there will be a meeting in Scarborough with the Town Managers, Council Chairmen and John Duncan of MDOT to discuss the traffic situation on Route 202 and 114 in Gorham. He congratulated the Gorham Carl Ripkin All-Stars on winning the state championship.
The Town Manager reported that the Gorham Girls Softball All-Stars also won their state tournament; that the By-Pass web site has been updated; and that he recently presented a 5-year service pin to Tom Ellsworth and a 10-year service pin to Linda Straw.
Item #6487. A motion by Councilor Hamblen, seconded by Council Chicoine to reconsider the action taken under Item #6487 at the last meeting FAILED OF PASSAGE. 3 yeas. 3 nays (Robinson, Loveitt and Justice).
The meeting recessed for a public hearing regarding the taking by eminent domain of certain outstanding property interests, if any, held by the Percival P. Baxter heirs on that certain lot or parcel of real property with any improvements thereon located on the generally westerly side of South Street (Map 106, lot 47). One person spoke from the public in opposition to this taking. The hearing closed at 7:30 p.m.
Item #6503. Moved by Council Justice, seconded by Councilor Phinney and VOTED to waive the Clerk reading aloud the proposed order. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Chicoine that
WHEREAS, the Town of Gorham plans to expand the existing Baxter Library to accommodate the needs of its residents; and
WHEREAS, Percival P. Baxter conveyed a certain lot or parcel of land to the Town in 1915 to be used “solely for park purposes,” such deed containing a reverter clause providing for title to revert to Mr. Baxter or his heirs if the property were ever used otherwise; and
WHEREAS, the Baxter Library lot is adjacent to four other large parcels of land owned by the Town and improved with the current Shaw Middle School, Gorham High School, the Robie Park and various playing fields, parking lots and service areas; and
WHEREAS, Maine’s environmental laws characterize such contiguous parcels of land as a “common scheme of development” for environmental permitting purposes, which have been so characterized to date, and may continue to be so characterized over time, as changes and enhancements to the various public improvements on that overall property occurs; and
WHEREAS, the Baxter lot has been improved with a brick building built by the Town in approximately 1954 and almost all of the remaining land area around the brick building has been paved over and used as a parking lot and bus storage area for well over twenty years since then; and
WHEREAS, inclusion of the Baxter lot in the plans for the expansion of the Baxter Library is necessary to accommodate the proposed Baxter Library expansion project in order to provide for increased parking and traffic circulation, as well as additional green space landscaping; and
WHEREAS, the Town Council, after public hearing, has determined that the public exigency requires the immediate taking by eminent domain of the outstanding property interests, if any, in the Baxter lot owned by the Percival P. Baxter heirs, being more particularly described in Appendix A attached hereto and incorporated herein; and
WHEREAS, the Town Council, after public hearing, as determined that such taking is necessary for public purposes to permit the expansion of the Baxter Library;
NOW, THEREFORE, IT IS ORDERED, pursuant to 30-A M.R.S.A. Sec. 3101, that outstanding property interests, if any, in the Baxter lot described on the attached Appendix A be, and hereby is, taken by eminent domain and that this 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 attested copy of this Condemnation Order, Appendix A and a check in the amount of $100.00 made payable to the Percival P. Baxter heirs as shown on Appendix A shall be sent to them or their representatives as payment in full of their outstanding interest(s). 6 yeas.
The meeting recessed for a public hearing regarding a Massage Establishment License application in the name of Kristen Watson, d/b/a Gorham Whole Health. There was no public comment and the hearing closed at 7:40 p.m.
Item #6504. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council approve the issuance of a Massage Establishment License in the name of Kristen Watson, d/b/a Gorham Whole Health. 6 yeas.
The meeting recessed for a public hearing regarding a Mass Gathering License application in the name of the Gorham Recreation Department for August 18, 2001. There was no public comment and the hearing closed at 7:41 p.m.
Item #6505. Moved by Councilor Justice, seconded by Councilor Chicoine and ORDERED that the Town Council approve the issuance of a Mass Gathering License in the name of the Gorham Recreation Department for August 18, 2001, and
BE IT FURTHER ORDERED that the fee for said license be waived. 6 yeas.
Prior to discussion on the next item Councilor Phinney revealed that part of property belong to his father is included in this new zone. He did not feel that he had a conflict and the Council agreed that he should participate in the discussion and voting under this item.
Item #6506. Moved by Councilor Justice, seconded by Councilor Chicoine and ORDERED that a proposal from Hans Hansen to create a new zone in the South Gorham area be forwarded to the Planning Board for public hearing and their recommendation. 5 yeas. 1 nay (Loveitt).
Moved by Councilor Justice, seconded by Councilor Robinson to waive the Rules and take Item #6509 and Item #6516 out of order at this time. 6 yeas. (NOTE: For purposes of continuity the action taken under these two items will be shown in their property consecutive order.)
Item #6507. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council appoint Norman Justice, Jr. and David Cole as Gorham’s representatives to the Regional Waste Systems Board of Directors for terms to expire on April 30, 2004 or until such time as a successor is appointed. 6 yeas.
Item #6508. Moved by Councilor Hamblen, seconded by Councilor Phinney and ORDERED that the Town Council accept the bid of Portland North for a new dump truck for $75,695 pursuant to the bid specifications. 6 yeas.
Item #6509. Moved by Councilor Justice, seconded by Councilor Chicoine and ORDERED that the Town council take no action on a request from C & C Family, LLC to extend Phinney Street Extension, based on the Town’s current understanding that it has no authority to authorize an extension. 4 yeas. 2 nays (Hamblen and Phinney).
Item #6510. Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to waive the Clerk reading aloud the proposed order. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Phinney and ORDERED that the Town Treasurer is hereby authorized and empowered to borrow an amount or amounts not exceeding $6,900,000 at any one time outstanding, in anticipation of the issuance of general obligations bonds, by the issuance of a bond anticipation note of the Town, which note shall be designed “2001 Bond Anticipation Note” the proceeds of which shall be used to pay to finance costs of the school construction project approved pursuant to a Town Referendum Election held on May 15, 2001. Such bond anticipation note, and any extensions, renewals or replacement thereof, shall be signed by the Town Treasurer and countersigned by the Chair of the Town Council, shall be payable on October 1, 2002 except that the Town shall have the right to redeem or prepay such
Notes without premium or penalty at any time on or dafter April 1, 2002, shall bear interest payable at maturity at a rate determined in the manner as approved by the Treasurer, and shall contain such other terms and provisions, not inconsistent herewith, to be in such form, as shall e approved by the offices signing the same, whose approval shall be conclusive evidence by their executive thereof; and
BE IT FURTHER ORDERED, that the Treasurer is hereby authorized to obtain bids or proposals for the interest rate, and to determine the award, the interest rate, maturity and other terms and conditions of the notes with whatever financial institutions the Treasurer deems appropriate and to award the note to such financial institutions or institutions; and
BE IT FURTHER ORDERED, that the notes authorized by the foregoing are hereby designated as a qualified tax exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended; and
BE IT FURTHER ORDERED, that the Treasurer of the Town be authorized to covenant with the purchaser of the note on behalf of the Town and for the benefit of the holders of the note, that the Town will take whatever steps, and refrain from taking any action as may be necessary or appropriate to ensure that interest on the note will remain free from federal income taxes, including, without limitation, the filing of information returns and reports with the internal Revenue Service and the payment of any rebate due to the United States of America. 6 yeas.
Item #6511. Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Town Council, acting in their capacity as the membership of the Gorham Economic Development Corporation, pursuant to Article II (1) of the By-Laws of the Gorham Economic Development Corporation amend Article III, Directors, Section 1, Number, Elections, by providing for rotating three-year terms as presented. 6 yeas.
Item #6512. Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that Joseph Drive, located off Route 25 in the Meadowlands Subdivision, be accepted as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Joseph Drive be classified as a Rural Access Street. 5 yeas. 1 nay (Justice).
Item #6513. Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Town Council authorize an application to PACTS and M.D.O.T. to develop an Industrial Access Road, with an estimated cost of $2,430,000, from Mosher’s Corner into Industrial zoned land, as recommended in the Gorham Industrial Access Study accepted by the Town Council on October 5, 1999. 6 yeas.
Item #6514. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council appoint Christine Fleury to the Parks and Conservation Commission for a three-year term, said term to expire April 1, 2004. 6 yeas.
Item #6515. A motion by Councilor Phinney, seconded by Councilor Robinson to waive the Clerk reading aloud the proposed order FAILED OF PASSAGE. 6 yeas. (Hamblen, Robinson, Phinney, Loveitt, Justice and Chicoine).
Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED that
WHEREAS, the National Fire Protection Association has proposed a new standard (NFPA 1710) that would impose a minimum staffing standard and response standard, and
WHEREAS, the proposed standard represents an unfunded, de facto mandate, that would be very expensive for the Town of Gorham and impose a heavy burden on local property tax payers, and
WHEREAS, the proposed standards ignore geographic differences within communities, and
WHEREAS, the proposed standard fails to recognize the important role of local elected officials in allocating scarce financial resources, and
WHEREAS, the proposed standard ignores advances made in protecting people from Fire hazards,
NOW, THEREFORE, BE IT RESOLVED that the Town of Council of Gorham, Maine is opposed to the imposition of NFPA 1710, and
BE IT FURTHER RESOLVED that copies of this resolution be sent to Senator Snowe and Collins and Representatives Allen and Baldachi and to the National Fire Protection Association urging them to oppose this standard. 6 yeas.
Item #5616. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council accept a Feasibility Study of the Chick Property, by DeLuca-Hoffman, Associates, Inc., and
BE IT FURTHER ORDERED that the Feasibility Study be incorporated as part of the Chick Property study that was adopted by the Town Council on June 6, 2000. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Chicoine and VOTED to adjourn. 6 yeas. Time of adjournment - 9:35 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
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