REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
April 2, 2001
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of Council: Present: Chairman Loveitt; Councilors Hamblen, Robinson, Justice, Phinney, Chicoine and Willett; the Town Manager and the Town Clerk.
Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to approve the Minutes of the March 20, 2001 Regular Meeting. 7 yeas.
There were no open public communications. There were no Councilor communications.
Chairman Loveitt reported that he and Councilor Phinney met with Commissioner Melrose at DOT last week and reassured the State that the Town is still very sincere about solving the traffic problem.
The Town Manager reported that the official census figure for the Town of Gorham from the 2000 Census is 14,141; that Public Works had a very successful open house; that the Town of Gorham had a booth at the Gorham Trade show last Saturday; that the Planning Board has given approval to the Library Expansion project; that he distributed the proposed 2001-2002 budget to the Council and the department budget hearings will be April 5th and 10th and the school budget hearing will be April 24th.
The meeting recessed for a public hearing on the referendum question to be voted on at the May 15, 2001 Special Election. There was no public comment and the hearing closed at 7:20 p.m.
The meeting recessed for a public hearing on a proposed amendment to Chapter II, Section I. C. Mineral Exploration, Excavation and Gravel Pits of the Land Use and Development Code. Several citizens spoke from the public with questions for Mr. Stebbins of DEP and the Town Planner. The public hearing closed at 8:15 p.m.
Prior to discussion on the next Item Councilor Chicoine revealed that the applicants are a major contributor to the PTA of which he is an officer but felt he could act impartially. The Council agreed that Councilor Chicoine should participate in discussion and voting under this item.
Item #6454. The order, as read aloud by the Clerk and including Attachment #1, was moved by Councilor Justice and seconded by Councilor Phinney. Moved by Councilor Justice, seconded by Councilor Phinney and VOTED to amend the proposed order by deleting the word “abutting” and substituting the word “adjacent” in its place, by adding the wording “within the area proposed for reduction” and changing 150 feet from all public rights of way to 100 feet. 7 yeas.
Moved by Councilor Phinney, seconded by Councilor Chicoine, and VOTED to divide the question. 7 yeas.
Moved by Councilor Phinney, seconded by Councilor Chicoine and VOTED that:
WHEREAS, the Town of Gorham has an ordinance that regulates Mineral Exploration, Excavation and Gravel Pits, and
WHEREAS, in reviewing the ordinance and information from the Maine Department of Environmental Protection and the recommendation from the Planning Board, the Town Council believes that the ordinance can be adjusted to provide for the long-term economic well-being of the community and also protect the welfare of residents of Gorham,
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 I (C) of the Land Use and Development Code
1) Amend Chapter II, Section I, C. 5) (b ) to read as follows:
“Excavation shall not extend below an elevation of five (5) feet from the seasonal high water table as established by competent, technical data. A variance from this requirement shall be allowed pursuant to paragraph 490-E, Variance, Performance Standards for Excavation for Borrow, Clay, Topsoil or Silt, 38 M.R.S.A. Sec. 490 A-390-M and Article 8, Performance Standards for Quarries, 38 M.R.S.A. Sec. 390-W to 490-EE. The request for variance shall consist of a hydro geologic study and supporting documentation required by the Department of Environmental Protection. The variance shall be reviewed and approved by the Department of Environmental Protection. Planning Board approval shall be conditioned on Department of Environmental Protection approval. No standing water shall be allowed to remain longer than two consecutive calendar weeks unless specifically provided for by the Planning Board.”
2) Amend Chapter II, Section I C 7) (f) to read as follows:
“If the Board makes the above findings, then it shall issue a blasting license which will authorize the operator to conduct the blasts on the dates and imprecise manner set forth in the operator’s application. 6 yeas. 1 nay (Willett)
Moved by Councilor Phinney, seconded by Councilor Chicoine and VOTED to refer the following to the Ordinance Committee with the request that they report back their recommendations at an April 24th Special Meeting:
“A buffer strip of 100 feet from all public rights of way and one hundred (100) feet from all other boundaries of the property is required. No excavation is permitted within the buffer strip and natural vegetation shall be retained. To the extent necessary to protect neighboring uses from dust, noise and unsightly appearance, the Planning Board may require the applicant to provide screening where there is inadequate natural buffer. No excavation, including such operations existing at the time of adoption of this ordinance shall encroach on these buffer strips and no existing operation lawfully located within such buffer areas shall be permitted to expand closer to such line or lines. An
applicant may, as part of his application, apply for a waiver of the 100 feet buffer strip in the two instances described below, and the Board shall grant such waiver in the case of (1) two abutting working gravel pits, (2) where the pit abuts unbuildable land of a public utility provided the excavation remains at least one hundred (100) feet from the far side of the public utility’s property line and (3) where all adjacent property owners within the area of reduced buffer agree to a lesser distance and, in this last instance only, any such agreed upon reduction (to not less than a 10 foot buffer) will be consistent with the purposes of this ordinance in Section 1, including the more gradual slope, but in no event steeper than 3:1. The buffer strip may be eliminated or reduced upon recording by all abutting property owners within the area of reduced buffer of reciprocal deeds stating that each agrees to the waiver.” 6 yeas. 1 nay (Justice)
Prior to the above votes a motion by Councilor Phinney, seconded by Councilor Willett to amend the proposed order by adding “excepting that he buffer strip can be reduced to 100 feet if the developer can supply sufficient mitigation to the satisfaction of the Planning Board” FAILED OF PASSAGE. 1 yea. 6 nays (Hamblen, Robinson, Phinney, Loveitt, Chicoine and Justice).
The meeting recessed for a public hearing on a Class II Victualer’s License application in the name of Michael Mallis, d/b/a Little Falls Meat Market at 828 Gray Road, Gorham. There was no public comment and the hearing closed at 9:40 p.m.
Item #6462. Moved by Councilor Willett, seconded by Councilor Chicoine and ORDERED that the Town Council authorize the issuance of a Class II Victualer’s License in the name of Michael Mallis, d/b/a Little Falls Meat Market. 7 yeas.
Item #6463. Moved by Councilor Hamblen, seconded by Councilor Phinney and ORDERED that the Town Council authorize the issuance of a Class A Liquor License in the name of Richard Z. Jiang, d/b/a Ocean Gardens. 7 yeas,
Item #6464. Moved by Councilor Justice, seconded by Councilor Chicoine and ORDERED that the Town council authorize an appropriation of $90,000 from the Fund Balance, to the School Department to cover an expected shortfall in revenues and higher energy costs. 7 yeas.
Prior to the above vote a motion by Councilor Robinson to refer this item to the Finance Committee FAILED due to lack of second.
Item #6465. The order, as read aloud by the Clerk, was moved by Councilor Phinney and seconded by Councilor Justice.
Moved by Councilor Phinney, seconded by Councilor Chicoine to add the following words to the order: “if such application is eligible or for a mini pumper in the event that a Quint Fire Truck is ineligible”. 7 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council authorize the Town to participate in two joint applications with the Town of Windham for Fire Service Grants, to purchase a Quint Fire Truck with an estimated cost of $650,000 to replace Gorham Engine 3 and Windham Engine 1, with a 10% local match requirement if such applicant is eligible or for a mini pumper in the event that a Quint Fire Truck is ineligible, and
BE IT FURTHER ORDERED that the Town is authorized to participate in a joint application with Windham for a Fire Service Grant to construct a burn building for training at an estimated cost of $250,000 with a 10% local match, with the local match for this project to come from donations. 7 yeas.
Item #6466. Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Warrant for Prosecuting Unlicensed Dog Owners-Keepers be issued to Wilmont Southworth for 2001. 7 yeas.
Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED to suspend the Council Rules to take up an item not on the agenda. 7 yeas.
Item #6467. Moved by Councilor Justice, seconded by Councilor Chicoine and VOTED to go into Executive Session pursuant to Title 1, M.R.S.A., Section 405 (6) © for the purpose of discussion about the acquisition of property. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED to adjourn. 7 yeas. Time of adjournment - 11:12 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
| 
