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03/20/2001 Town Council Minutes
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL

March 20, 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 February 6, 2001 Regular Meeting.  7 yeas.

Lisa MacAleese questioned the Council on the Robie Park Plan which was approved by the Council in October, 2000.

Councilor Chicoine congratulated the High School Boys Basketball Team.  Councilor Willett complimented Public Works on their work during the recent storms.  She also announced that the Finance Committee will be meeting tomorrow afternoon.

Chairman Loveitt congratulated the Boys Basketball Team, the Track Team, the Cheerleaders and the people involved with the recent play on their successes.  He also reported that public hearing #2 and Item #6454 will not be held this evening but will be heard April 3, 2001.

The Town Manager reported on the open house that will be held at Public Works on Saturday, that the Town’s website is up and running at www.Gorham-me.org, and that Gorham Energy Project has informed the Town that it will not be going forward with the gas-powered power plant.

        Item #6446.  Moved by Council Phinney, seconded by Councilor Hamblen and ORDERED that action on this item be postponed until such time as the Ordinance Committee has a recommendation for the Council.  7 yeas.

It was announced that the tentative date for the next Ordinance Committee meeting is March 27th in the High School Cafeteria.

The meeting recessed for a public hearing on a Class II Victualer’s License in the name of Mastoran Restaurants, Incorporated, d/b/a Burger King.  There was no public comment and the hearing closed at 7:20 p.m.

Item #6453.  Moved by Councilor Justice, seconded by Councilor Chicoine and ORDERED that the Town Council authorize the issuance of a Class II Victualer’s License in the name of Mastoran Restaurants, Incorporated, d/b/a Burger King.  7 yeas.

Prior to action on the next item Councilor Phinney asked to be excused from discussion and voting on this item as his father owns the land to be purchased.  VOTED to allow Councilor Phinney to abstain from discussion and voting on this item.  6 yeas.

Item #6455.  Moved, seconded and ORDERED that the Town Council vote to conduct a referendum election in accordance with Section 901 of the Council-Manager Charter of the Town of Gorham on the referendum question set forth below, said referendum to be held at the following places on the fifteenth day of May, 2001 between the hours of 7:00 a.m. and 8:00 p.m. on said day:

        District 1 – Little Falls School
        District 2 – West Gorham Fire Station
        District 3 – Masonic Building, Cressey Road
        Central District – Gorham Municipal Center

                                REFERENDUM QUESTION

        Shall a capital expenditure for school construction purposes by the Municipal Officers of a sum of money not to exceed $21,930,000  be approved to construct, equip and acquire land for  new middle school and related facilities and site improvements at Weeks Road in Gorham, said sum of money to be raised by the issuance of general obligation bonds and/or notes of the Town, with such dates, maturities, denominations, interest rate(s) and other details (including provisions that the bonds may be subject to call for redemption with or without premium) as said Municipal Officers shall determine?

        (Total estimated debt service of $34,018,913 of which principal is $21,930,000, and estimated interest at   5.25% over  20 years is $12,088,913.

        1.  The entire operating costs of the project during the first two years shall be borne by revenues raised by the Town.

        2.  The estimated amount of the additional operating costs during each of the project’s first two years is $250,000 for the first year and $257,500 for the second year.

        3.  The Town shall be responsible for the local share of debt  service allocation to be calculated in accordance with Sate Law.

        (The School Committee recommends a “yes” vote.)
        (The Town Council recommends as “yes” vote.)

        BE IT FURTHER ORDERED that a public hearing on said referendum question be held at 7:00 p.m.  on Tuesday, April 3, 2001 at the Gorham High School Auditorium,

        BE IT FURTHER ORDERED that the Town Council vote to appoint the following persons as Wardens and Ward Clerks for the designated voting districts for the referendum election and if any of the following should fail to serve the Town Council hereby gives the Town Clerk the authority to appoint substitutes:

                        Warden                          Ward Clerk

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

        BE IT FURTHER ORDERED that the Town Council vote that the Registrar of Voters be in session between the hours of 8:30 a.m. and 6:30 p.m. on Thursday, May 10, 2001 and between the hours of 7:30 a.m. and 4:30 p.m. on Friday, May 13, 2001.  6 yeas.  1 abstention

Item #6456.  The order, as read aloud by the Clerk, was moved by Councilor Willett and seconded by Councilor Justice.  Moved by Councilor  Willett, seconded by Councilor Chicoine to change the amount from $3,000,000 to $3,100,000.  7 yeas.

The order, as amended, that the Town council authorize a referendum question to construct  and equip an indoor community swimming pool adjoining the new Middle School FAILED OF PASSAGE.  1 yea.  6 nays (Hamblen, Robinson, Phinney, Loveitt, Justice and Chicoine).

Prior to the above vote a motion to amend the proposed order to change the date of the referendum to November 6, 2001 also FAILED OF PASSAGE.  1 yea.  6 nays (Hamblen, Robinson, Phinney, Loveitt, Justice and Chicoine).

Item #6457.  The order, as read aloud by the Clerk, was moved by Councilor Willett and seconded by Councilor Chicoine.  Moved by Councilor Justice, seconded by Councilor Willett and VOTED to amend the proposed order by changing the effective date from March 6, 20021 to March 20, 2001.  7 yeas.

Moved, seconded and VOTED to further amend the proposed order by adding the following:  “with the exception of the development currently known as Heritage Farms as proposed by Chase Custom Homes provided that the applicants receive all appropriate approvals as required by the Planning Board.”  7 yeas.

The order, as amended, was then VOTED resulting in the following:

ORDERED,  that the Town Council refer a proposal to amend Chapter I, Section XII, Industrial District by deleting paragraph C Special Exceptions and deleting C (1) Dwellings exclusive of mobile homes, to the Planning Board for public hearing and their recommendation, and

BE IT FURTHER ORDERED that, notwithstanding any provisions to the contrary, this amendment shall be effective March 20, 2001 with the exception of the development currently known as Heritage Farms as proposed by Chase Custom Homes provided that the applicants receive all appropriate approvals as required by the Planning Board.  7 yeas.

Item #6458.  The order, as read aloud by the Clerk, was moved by Councilor Robinson and seconded by Councilor Willett.  Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED  to amend the proposed order by adding “Be It Further Ordered that, notwithstanding any provisions to the contrary, this amendment shall be effective March 20, 2001.”  7 yeas.

The order, as amended, was then VOTED resulting in the following:

ORDERED that the Town Council refer to the Planning Board for Public Hearing and their recommendation a proposal to amend Chapter II, Section V, E, (4), (6) Streets Offered for Acceptance of the Land Use and Development Code by adding the following underlined language:

        “b.  No street or way shall be accepted by the Town Council until the Planning Board and Town Engineer shall have made a careful investigation thereof, and shall have reported to the Town council their recommendation in writing with respect thereto.  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.”, and

        BE IT FURTHER ORDERED that, notwithstanding any provisions to the contrary, this amendment shall be effective March 20, 2001.  7 yeas.

Item #6459.  Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to waive the Clerk reading aloud the proposed order.  7 yeas.

Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town Council appoint those persons recommended by the Appointments Committee to positions as follows:

        PLANNING BOARD

        Douglas Boyce                           3 year term to expire April 1, 2004
        Richard Shiers                          3 year term to expire April 1, 2004
        Susan Robie                             3 year term to expire April 1, 2004
        Michael Parker                          Unexpired term to expire April 1, 2002

        BOARD OF APPEALS

        Stephen Scontras                        3 year term to expire April 1, 2004
        James Pellerin                          3 year term to expire April 1, 2004

        BOARD OF TRUSTEES – BAXTER MEMORIAL LIBRARY

        Geraldine Day                           3 year term to expire April 1, 2004
        Wendy Milne                             3 year term to expire April 1, 2004
        David Arthur Fogg                       3 year term to expire April 1, 2004

        BOARD OF HEALTH

        Dr. Ronald M. Steinberg                 3 year term to expire April 1, 2004


        BOARD OF ASSESSMENT REVIEW

        Dean Evans                              3 year term to expire April 1, 2004

        FAIR HEARING BOARD

        GORHAM CABLE TELEVISION COMMITTEE

        Tom Hughes                              3 year term to expire April 1, 2004

        
        PARK & CONSERVATION COMMISSION

        Paul Badeau                             3 year term to expire April 1, 2004

        RECYCLING COMMITTEE

        Gail Platts                             3 year term to expire April 1, 2004

        RECREATION ADVISORY BOARD

        Chris Barstow                           2 year term to expire April 1, 2003

        GORHAM ECONOMIC DEVELOPMENT CORPORATION

        Wilbur Bell, Jr.                                1 year term to expire April 1, 2002
        Richard Carter                          1 year term to expire April 1, 2002
        Jack Donovan                            1 year term to expire April 1, 2002
        Daniel Willett                          1 year term to expire April 1, 2002
        Tom Hughes                              1 year term to expire April 1, 2002
        Peter Dalfonso                          1 year term to expire April 1, 2002
        David Maroon                            1 year term to expire April 1, 2002
        Susan Duchaine                  1 year term to expire April 1, 2002

        AND BE IT FURTHER ORDERED that appointments to the Board of Health, Fair Hearing Board, Gorham Cable Television Committee, Park & Conservation Commission, Recyling Committee and Recreation Advisory Board be postponed until such time as there are appointees available.  7 yeas.

Item #6460.  Moved by councilor Willett, seconded by Councilor Phinney and ORDERED that the Town Council approve a petition for the Town of Gorham to intervene in proceedings before the P.U.C. (Docket No. 2001-83) in support of C.M.P.’s application to construct a 345 KV Transmission Line to connect American National Power, Inc.’s Gorham Energy Center  to CMP’s Buxton Switchyard.  7 yeas.

Item #6461.  Moved by Councilor  Willett, seconded by Councilor Justice and ORDERED that the Town Council go into Executive Session pursuant to Title L, M.R.S.A. Section 405 (6) (c) for the purpose of discussing the acquisition of property.  7 yeas.

Moved by Councilor Phinney,  seconded by Councilor Hamblen and VOTED to adjourn.  7 yeas.  Time of adjournment  - 10:30 p.m.

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