REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
June 5, 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, Justice and Willett; the Town Manager and the Town Clerk.
Moved by Councilor Willett, seconded by Councilor Chicoine and VOTED to approve the Minutes of the May 1, 2001 Regular Meeting and the May 8, 2001 Special Meeting as printed and distributed. 7 yeas.
There were no open public communications.
Councilor Willett reported that the Finance Committee met last week and at that meeting went over the monthly financials and performance evaluations.
Chairman Loveitt reported that there will be a workshop on June 19, 2001 on the recent reevaluation and, if needed, a special Council meeting. He also asked the Council to discuss changing the date of the July Regular Meeting.
Moved by Councilor Justice, seconded by Councilor Chicoine and ORDERED that the Regular Council meeting in July be held July 19, 2001 at 7:00 p.m. rather than July 3, 2001. 7 yeas.
The Town Manager reported that he recently presented a 30 year service pin to David Kearns of the Police Department; that he is anticipating that the reevaluation letters will be sent out the first week in July and an update to the Council on the Library expansion project.
The meeting recessed for a public hearing on a Resolution authorizing the issuance of $2,635,000 in Revenue Obligation Securities on behalf of Montalvo Company, LLC project. Phil Gleason, Counsel for Montalvo spoke on behalf of this resolution. There was no other public comment. The hearing closed at 7:15 p.m.
Item #6480. Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Town Council approve the Bond Resolution authorizing the issuance of $2,635,000 in Revenue Obligation Securities (2001 Montalvo Properties, LLC Project) and authorize and approve the bond documents as per the attached. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Hamblen and VOTED to waive the rules and take up public hearings #2, 4 and 5 and then Items #6481, #6484, #6485, #6490, and #6491. 7 yeas
The meeting recessed for public hearings #2, 4 and 5. There was no public comment and the hearings closed at 7:21 p.m.
Moved by Councilor Justice, seconded by Councilor Hamblen and VOTED to approve Items #6481, #6484, #6485, #6490 and #6491. 7 yeas. (Note: for purposes of continuity the orders will be presented in their proper consecutive order.
Item #6481. ORDERED that the Town Council authorize the renewal of the following Victualer’s Licenses for 2001:
Sierra’s Café, Inc., d/b/a Sierra’s Mexican Restaurant
Cumberland Farms 7 yeas.
The meeting recessed for a public hearing on the renewal the renewal of the following Massage Therapist Licenses for 2001:
Carolyn Parker doing business at Gorham Pines Massage Therapy
Rebecca G. LaWind doing business at Gorham Whole Health
There was no public comment and the hearing closed at 7:34 p.m.
Item #6482. Moved by Councilor Phinney, seconded by councilor Hamblen and ORDERED that the Town Council authorize renewal of Massage Therapist Licenses for 2001 for the following:
Carolyn Parker doing business at Gorham Pines Massage Therapy
Rebecca G. LaWind doing business at Gorham Whole Health 7 yeas.
The meeting recessed for a public hearing on the application for a Mass Gathering License in the name of Ray Mathieu for the Casco Bay Concert Band for a concert to be held June 30, 2001. Ray Mathieu spoke on behalf of the application. There was no other public comment. The hearing closed at 7:30 p.m.
Item #6483. Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town Council authorize the issuance of a Mass Gathering License in the name of Ray Mathieu for the Casco Bay Concert Band for a concert to be held June 30, 2001, and
BE IT FURTHER ORDERED that the $100 fee for said license be waived as the concert is affiliated with the School Department. 7 yeas.
Item #6484. ORDERED that the Town Council authorize the issuance of a Victualer’s License in the name of NoneSuch Forest Products, Inc., d/b/a Gabbies at 3 Railroad Avenue. 7 yeas.
Item #6485. ORDERED that the Town Council authorize the issuance of a Victualer’s License in the name of Kathleen Hatt, d/b/a White Rock Country Store at 363 Sebago Lake Road. 7 yeas.
The meeting recessed for a public hearing on proposed amendments to the Land Use and Development Code, Chapter II, General Standards of Performance, Section V. Minimum Standards for the Design and Construction of Streets and Ways, E. Acceptance of Streets and Ways, 4) Streets Offered for Acceptance, b) to add the following: “Such investigation shall include a minimum of the results of at least one core sample and may include more than one core sample for each road proposed for acceptance as a public way with the core sample and reports paid for by the applicant.” There was no public comment and the hearing closed at 7:32 p.m.
Item #6486. Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED to waive the Clerk reading aloud the proposed order. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Chicoine and VOTED that
WHEREAS, the Town Council wants to ensure that minimum paving requirements found in the Land use and Development Code for Streets and Ways are met by developers before the roads are accepted as public ways, and
WHEREAS, the Town Council wishes to protect the financial exposure of the property tax payers in Gorham, and
WHEREAS, requiring a minimum of one core sample and allowing additional samples as reasonably necessary help ensure that minimum paving standards are met,
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 Chapter II, Section V, E, 4) b) of the Land Use and Development Code
1) Amend Chapter II, General Standards of Performance, Section V, Minimum Standards for the Design and Construction of Streets and Ways, E, Acceptance of Streets and Ways, 4) Streets Offered for Acceptance, b) by adding the following language to the end of b):
“Such investigation shall include a minimum of the results of at least one core sample and may include more than one core sample for each road proposed for acceptance as a public way with the core sample and reports paid for by the applicant.” 7 yeas.
The meeting recessed for a public hearing on a proposed amendment to the Land use and Development Code Chapter I, Section XII, C., 1) and B., 6). Two members of the audience asked that the Council reinstate the language that was included in the original draft regarding Chase Homes, Inc. and three members of the audience spoke in opposition to reinstating the language. The hearing closed at 7:50 p.m.
Item #6487. Moved by Councilor Justice, seconded by Councilor Willett and VOTED to waive the Clerk reading aloud the proposed order. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Willett and VOTED
WHEREAS, the Town Council wishes to strengthen the Town’s property tax base by ensuring opportunities for industrial development, and
WHEREAS, allowing residential development to use by land that is zoned for industrial development would reduce current and future industrial development and potentially provide a financially weakened property tax base,
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 Chapter I, Section XII, B., 6) and C.,1) of the Land Use and Development Code.
1) Amend the Land use and Development Code Chapter I, Zoning Regulations, Section XII, Industrial-District, B. Permitted Uses 6) to read as follows:
“B. Permitted Uses
Accessory uses and buildings, including retail and service uses accessory to another permitted use and also including residential uses provided that there shall be no more than one residential unit on a property and such unit shall be resided in by an owner of the property, an employee of the industrial operation, or a person who serves as a security person. In the event that the principal industrial use or other permitted use terminates, than the accessory residential use shall also terminate.”
2) Amend Chapter I, Zoning Regulations, Section XII, Industrial-District, C. Special Exceptions 1) by deleting the words “Dwellings exclusive of mobile homes” and adding the following:
“Effective Date: Notwithstanding any provisions to the contrary, this amendment shall be effective March 20, 2001.” 5 yeas. 2 nays (Phinney and Chicoine).
Prior to the above vote a motion by Councilor Chicoine, seconded by Councilor Phinney to amend the proposed order by reinstating the exception wording failed of passage. 2 yeas. 5 nays (Hamblen, Robinson, Loveitt, Willett and Justice).
Public hearing #8 and Item #6488. Moved by Councilor Phinney, seconded by Councilor Chicoine and VOTED to postpone public hearing #8 and Item #6488 until such time as the Town Manager ascertains it is ready to be brought before the Council. 7 yeas.
Item #6489. Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED that the item relating to the Gorham Lions Club subleasing their building to the Gorham Cooperative Pre-School be removed from the agenda. 7 yeas.
The Chairman declared a short recess. The meeting reconvened at 8:30 p.m.
Item #6490. ORDERED that the Town Council authorize the renewal of a liquor license in the name of Angelo Sotiropoulos, d/b/a Gorham House of Pizza. 7 yeas.
Item #6491. ORDERED that the Town Council authorize the renewal of a liquor license in the name of Sierra’s Café, Inc. 7 yeas
Item # #6492. Moved by Councilor Phinney, seconded by Councilor Chicoine and ORDERED, that a public hearing be scheduled for the Town Council meeting to be held on Tuesday, July 17, 2001 at 7 p.m. at the Gorham High School Auditorium to take public comment on and then vote upon a proposed Town council Order to take by eminent domain the remaining interests, if any, of the Percival P. Baxter heirs in that certain lot or parcel of land located in Gorham on South Street behind the Baxter Library and currently shown as a portion of Lot 47 on Town Tax Map 106, being more particularly described in a deed dated June 24, 1915 and recorded in the Cumberland County Registry of Deeds in Book 1005, Page 54; and
BE IT FURTHER ORDERED, that the Town Clerk be, and is hereby authorized and directed to place an Order for the condemnation of the same on the July 17, 2001 Town Council agenda and to send notice of the public hearing on the same to the Percival P. Baxter heirs and the Maine Attorney General and that she publish notice of the same in a newspaper of general circulation in the Town of Gorham no less than twice, with the first publication to run no less than ten (10) days prior to the date of said public hearing, and post notice of the same as required by law. 7 yeas.
Item #6493. Moved by Councilor Justice, seconded by Councilor Chicoine and ORDERED that the Town Council authorize concurrent green traffic signal phasing for the intersection of Route 25 and 114, upon the installation of the crosswalks and completion of the traffic signal project, as recommended by the Gorham Center Transportation Study. 5 yeas. 2 nays (Phinney and Willett)
Prior to the above vote a motion by Councilor Willett, seconded by Councilor Phinney to amend the proposed order by replacing the word “concurrent” with “advanced pedestrian” FAILED OF PASSAGE. 2 yeas. 5 nays (Hamblen, Robinson, Loveitt, Justice, and Chicoine).
Moved by Councilor Justice, seconded by Councilor Hamblen and VOTED to waive the Rules to take up an item not on the agenda and to take up that item out of order. 7 yeas. (NOTE: For purposes of continuity Item #6501 will be reported on in its proper consecutive order.)
Item #6494. Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Town council authorize an application to PACTS and MDOT to construct a traffic circle at the intersection of Routes 237 and 25 (Mosher Corner) as recommended in the 1999 Gorham Industrial Access Study by DeLuca-Hoffman. 7 yeas.
Item #6495. The order, as read aloud by the Town Clerk, was moved by Councilor Phinney and seconded by Councilor Justice. Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to amend the proposed order by changing the words “Planning Board” to “Ordinance Committee of the Council”. 7 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council ask the Ordinance Committee of the Council to review the site plan approval process. 7 yeas.
Item #6496. The order, as read aloud by the Clerk was moved by Councilor Phinney, seconded by Councilor Chicoine. Moved by Councilor Phinney, seconded by Councilor Chicoine and VOTED to amend the proposed order by changing the words “Planning Board” to “Ordinance Committee”. 7 yeas.
The order, as amended, was then VOTED resulting in the following
ORDERED that the Ordinance Committee is requested to review the Land use and Development Code provisions for all commercial, industrial and professional uses to ensure that all provisions reflect accurately the stated goals of the Comprehensive Plan to preserve economic viability, while maintaining and improving esthetic, environmental and beauty qualities upon the byways and in the neighborhoods of Gorham. Such review and any recommendations shall be returned to the Town Council for the August 7, 2001 regular meeting. 7 yeas.
Item #6497. Moved by Councilor Justice, seconded by Councilor Phinney and ORDERED that the Town Council place the overlay into a revaluation project account. 7 yeas.
Item #6498. Moved by Councilor Phinney, seconded by Councilor Chicoine and ORDERED that the Town Council appoint Virginia Wilder Cross and Wayne Drown to two-year terms on the Recreation Advisory Board, said terms to expire April 1, 2003. 7 yeas.
Item #6499. Moved by Councilor Willett, seconded by Councilor Phinney and VOTED to waive the Clerk reading aloud the proposed order. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Robinson and ORDERED that the Town Council accept the following sums of money to be safely invested and forever held in trust, the income there from to be used for perpetual care of the following lots:
PERPETUAL CARE FUNDS
David Thomas for Brenda Bailey
Hillside Cemetery, Section L, Lot 27, gravesite A $300.00
David Thomas
Hillside Cemetery, Section L, Lot 26,
(gravesites C & D) $300.00
Carol Friend
Hillside Cemetery, Section M, Lot 3 (gravesite A) $100.00
Theron Bickford
Hillside Cemetery, Section K, lot 39 (gravesite C) $100.00
Peter and Roberta Miller
Hillside Cemetery, Section P, lot 33, (gravesite D) $100.00
Cynthia Jean
Hillside Cemetery, Section L, lot 17 (gravesites A & B) $100.00
Lawrence & Jeanne A. Stiles
Hillside Cemetery, Section P, (gravesites A & B) $250.00
Robert Kimball
Eastern Cemetery, Section F, lot 5 $250.00
Jeremy McInnis
Hillside Cemetery, Section P, lot 3 (gravesites C & D)
lot 4 (gravesites A, B, C & D) $300.00
Charles R. Fogg
Eastern Cemetery, Section B, lot 22B, $250.00
Alexander T. Pratt III
Hillside Cemetery, Section R, lot 1 $350.00
Arthur H., Richard P., & Diane A. Jenkins
Hillside Cemetery, Section P, lot 33 (gravesites A, B, C) $200.00
Bruce McInnis
Hillside Cemetery, Section P, lot 3 (C & D) and lot 4 (A,B,C,D) $300.00 7 yeas.
Item #6500. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council go into executive session pursuant to Title 1, M.R.S.A., Section 405 (6) (D) to discuss labor negotiations. 7 yeas.
Item #6501. Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to postpone action regarding parking and chanalizing on Main Street to an adjourned meeting on June 19, 2001. 7 yeas.
Moved by Councilor Phinney, seconded by Councilor Chicoine and VOTED to adjourn to 7:00 p.m. June 19, 2001. 7 yeas. Time of adjournment - 10:15 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
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