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12/03/2002Regular Meeting
 
REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
December 3, 2002


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

Roll Call:  Present:  Chairman Phinney, Councilors Robinson, Loveitt, Willett, Justice,                                 Hamblen and Dugas; the Town Manager and the Town Clerk

Moved by Councilor Dugas, seconded by Councilor Robinson to approve the  Minutes of the November 12, 2002 Regular Meeting as printed and distributed.  7 yeas.

During the open public communications Hans Hanson read a letter he had written to the Council regarding requested rezoning in South Gorham.  Harold McFarland reported on a problem he had with the Town regarding a water bill which he felt was the responsibility of a previous owner of his house and not his responsibility.  The Town insisted that he pay the bill and he does not feel that was the correct thing to do.
        Councilor Robinson reported on the November 20, 2002 meeting of the Finance Committee.

         There was no Chairman's report.

        The Town Manager's report consisted of an announcement of a Route 114 Corridor Committee meeting scheduled for December 15, 2002, an announcement of a joint Council meeting in Scarborough with Scarborough Town Council to be held December 17, 2002; and an announcement that the Municipal Center will be closing at 12 noon on December 24, 2002.
        
Item #6727.  Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED the Town Council accept Sandy Terrace, located in Sandy Terrace Subdivision as a public way in the Town of Gorham, and

BE IT FURTHER ORDERED that Sandy Terrace be classified as a Rural Access Road.  7 yeas.

Item #6728.  Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED that the Town Council accept Terry Street Extension, located off Terry Street and Route 237 as a public way in the Town of Gorham, and

BE IT FURTHER ORDERED that Terry Street Extension be classified as a Rural Access Road.  7 yeas.

Item #6729.  The order, as read aloud by the Town Clerk, was moved by Councilor Justice and seconded by Councilor Dugas.  Moved by Councilor Hamblen, seconded by Councilor Dugas and VOTED to postpone action regarding acceptance of Darin Drive to the May, 2003 meeting of the Council.  4 yeas.  3 nays (Willett, Robinson and Justice).

Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to take up Items #6729, #6730, #6731 and #6732 at the same time.  7 yeas.

tem #6730.  Moved by Councilor Hamblen, seconded by Councilor Dugas and VOTED to postpone action on Item #6730 (Quincy Drive), Item #6731 (Starlit Way), Item #6732 (Polliwog Lane) and Item #6733 (Caitlin Drive) until the May, 2003 meeting of the Council.  4 yeas.  3 nays (Justice, Willett and Robinson).

Prior to the above vote a motion by Councilor Willett to postpone action to the October, 2003 meeting of the Council died due to lack of second.

Item #6731. See action taken under Item #6730.  
 
Item #6732.  See action taken under Item #6730.

Item #6733.  See action taken under Item #6730. 
        Moved by Councilor Loveitt, seconded by Council Dugas and VOTED to waive the Rules to add an item to the agenda.  7 yeas.  (NOTE:  For continuity purposes the action taken under Item #6745 will be shown in its proper executive order.)

       The Chairman declared a short recess.  The meeting resumed at 8:40 p.m.

Item #6734.  Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED to postpone action regarding accepting a Bill of Sale from Sold, Inc. for Sewer Collection facilities in Heartwood Subdivision and conveying those facilities to the Portland Water District until such time as staff feels it should be brought back for action.  7 yeas.

Moved by Councilor Loveitt, seconded by Councilor Dugas and VOTED that Item #3735 and Item #3736 be taken up at the same time.  7 yeas.

Item #6735.  The orders, as printed and distributed, were moved by Councilor Loveitt and seconded by Councilor Dugas.  Moved by Councilor Justice, seconded by Councilor Willett to postpone action on Item #6735 (Samantha Drive) and Item #6736 (Kiara Lane) until the June, 2003 meeting of the Council.  7 yeas.    

        Item #6736.  See action taken under Item #6735.

Item #6737.  Moved by Councilor Loveitt, seconded by Councilor Dugas and ORDERED that the Town Council authorize the Town Manager to execute an operation and maintenance agreement with the Portland Water District and Design Dwellings, Inc. for wastewater collection facilities located in Park South Subdivision.  7 yeas.

Item #6738.  The order, as read aloud by the Clerk, was moved by Councilor Dugas, seconded by Councilor Robinson.  Moved by Councilor Hamblen, seconded by Councilor Justice to postpone action regarding working with the Town of Windham to develop a Village Overlay District that would encompass the Little Falls and South Windham villages to such time as the Town Manager feels it should be brought forth.  7 yeas.   

Item #6739.  Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED        that the Town Council authorize the transfer of $75,000 from the Town Phone System Account and the Installation of Fiber Network Account in the Capital Part II Budget to a new account for upgrading the Town's computer system.  6 yeas.  1 nay (Willett).

Item #6740.  Moved by Councilor Dugas, seconded by Councilor Willett and ORDERED that the Town Council call a public hearing for January 7, 2003 to accept public comment on the status of the portion of Queen Street, beginning at Route 114 and running easterly to the portion of Queen Street currently recognized as a public way.  7 yeas.

Item #6741.  Moved by Councilor Hamblen, seconded by Councilor Loveitt and ORDERED that the Town Council refer a proposal to amend Chapter II, Section III, Signs (c) of the Land Use and Development Code to establish a general standard of performance for Industrial Park signs, to the Planning Board for public hearing and their recommendation.  7 yeas.

Item #6742.  Moved by Councilor Hamblen, seconded by Councilor Dugas and ORDERED that the Town Council refer a request to develop an impact fee to fund traffic improvements on lower Main Street (Route 25) necessitated by commercial development and recommended in the Gorham Industrial Access Study, accepted by the Town Council on October 5, 1999 to the Ordinance Committee, and

BE IT FURTHER ORDERED that the Ordinance Committee develop an appropriate written ordinance amendment for the Town Council to consider.  7 yeas.

Item #6743.  Moved by Councilor Dugas, seconded by Councilor Hamblen and ORDERED that the Town Council authorize the Town Treasurer, for the calendar year 2003, for and in behalf of the Town of Gorham, to execute release deeds in the Town's interest in tax-acquired property to delinquent taxpayers or those claiming by, through or under him, upon receipt of payment of all outstanding taxes, interest and costs.  7 yeas.

Item #6744.  Moved by Councilor Hamblen, seconded by Councilor Robinson and ORDERED that the Town Council authorize blanket approval to Windham-Gorham Rod and Gun Club, the Special Olympics of Maine and the North Scarborough Fire Department for Beano and games of chance for 2003, and

        BE IT FURTHER ORDERED that a letter be sent to the Chief of the State Police so notifying him of the Council action.  7 yeas.

Item #6745.  Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED that the Town Council authorize the Ordinance Committee to evaluate the Land Use and Development Code to make recommendations to safeguard the public interest and enhance compliance with subdivision and road construction requirements.  6 yeas.  1 nay (Hamblen).

Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn.  7 yeas.  Time of adjournment - 9:50 p.m.

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