GORHAM TOWN COUNCIL
REGULAR MEETING
October 8, 2002
MINUTES
The meeting was held in the auditorium of the Gorham High School and was called to order at 7:00 p.m. by the Chairman, Michael Phinney. The meeting opened with the pledge of allegiance to the flag.
Roll Call: Present: Chairman Phinney, Councilors Hamblen, Robinson, Loveitt, Willett, Justice
and Dugas; the Town Manager and the Town Clerk
Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to accept the Minutes of the September 3, 2002 Regular Meeting and the September 23, 2002 Special Meeting as printed and distributed. 7 yeas.
There were no public communications.
Councilor Willett reported on the Finance Committee meeting of September 25th. She also announced that the next Finance Committee meeting will be October 23, 2002.
Councilor Justice reported that RWS held a workshop on the diversion of wastes that RWS has experienced. A RWS Executive Committee meeting next week will also address the issue.
Councilor Robinson reported that he had received several phone calls this past week regarding the new phone system in the schools. He asked for an update on how the system is now working.
Council Chairman Loveitt reported that there will be a workshop in November on growth. He asked if the Ordinance Committee would wait until after the November workshop to present the several items they have been working on. This was agreed to by the Chairman of the Ordinance Committee.
The Town Manager reported that the Mountain Division Trail had recently had a groundbreaking ceremony; that the installation of granite curbing on Main Street has begun and that he recently awarded a 30-year service pin to Ron Shepard.
The meeting recessed for a public hearing on an application for renewal of a Restaurant Liquor License in the name of Sebago Brewing Company. There was no public comment and the hearing closed at 7:09 p.m.
Item #6696. Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the
Town Council authorize the renewal of a Restaurant Liquor License in the name of Sebago Brewing Company. 7 yeas.
The meeting recessed for a public hearing on the Alternative use Study for Shaw School and the options available after it is discontinued as a school. Three citizens spoke with suggestions. The hearing closed at 7:20 p.m.
Item #6697. The order, as read aloud by the Clerk, was moved by Councilor Loveitt and
seconded by Councilor Robinson. Moved by Councilor Loveitt, seconded by Councilor Willett and VOTED to amend the proposed order by adding the date of November 12, 2002. 7 yeas.
The order, as amended was then voted resulting in the following:
ORDERED that the Town Council call a public hearing for November 12, 2002 to provide another opportunity for public comment on the Alternative Use Study for Shaw School and the options available after it is discontinued as a school. 7 yeas.
The meeting recessed for public hearing on a proposal to amend the NFPA 101 Life Safety Code. There was no public comment and the hearing closed at 7:30 p.m.
Item #6698. Moved by Councilor Robinson, seconded by Councilor Hamblen and ORDERED
that the Town Council vote to amend the NFPA 101 Life Safety Code as presented. 7 yeas.
The meeting recessed for a public hearing on a proposal to extend granite curbing along the Main Street road frontage of the former drive-in window of the old Key Bank Building on Main Street that is now owned by Design Dwellings. Susan Duchaine, owner of the property, spoke in opposition to the process used for this item. There were no other public comment. The hearing closed at 7:45 p.m.
Item #6699. A motion by Councilor Loveitt, seconded by Councilor Justice to extend granite
curbing along the Main Street road frontage of the former drive-in window of the old Key Bank Building on Main Street that is now owned by Design Dwellings FAILED OF PASSAGE. 2 yeas. 5 nay (Dugas, Willett, Phinney, Robinson and Hamblen).
Item #6700. The order, as read aloud by the Clerk was moved by Councilor Hamblen and
seconded by Councilor Dugas. Moved by Councilor Lovett, seconded by Councilor Willett to refer the petition from the residents of Winslow Road asking for a cost and feasibility study to extend the public water main from Route 237 along Winslow Road, Blackberry Lane and Country Lane to the Finance Committee. 7 yeas.
The Chairman declared a short recess. The meeting resumed at 8:50 p.m.
Item #6701. Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED that the
Town Council grant an easement to Kevin Allen d/b/a Downeast Builders and Excavating to cross a drainage easement of the Town for the purpose of providing access to an approved subdivision, and
BE IT FURTHER ORDERED that the Town Manager is authorized to sign the easement deed on
behalf of the Town. 7 yeas.
Item #6702. Moved by Councilor Willett, seconded by Councilor Loveitt and VOTED to divide the
question. 7 yeas.
Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED that the Town
Council approve the School Committee's recommendation to name the High School Gymnasium in honor of Dean Evans. 7 yeas.
Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council approve the School Committee's recommendation to name the High School Library in honor of Lorraine Stickney. 7 yeas.
Item #6703. A motion by Councilor Dugas, seconded by Councilor Robinson that the Town
Council refer a proposal to amend Chapter II, Section V (F) Street Design Standards of the Land Use and
Development Code by allowing roads to extend to 3500 feet when residential structures beyond 1500 feet
as measured along the proposed street centerline, from the ROW line of the intersecting town way to the
furthest centerline point of a turning circle or loop road or the terminus of the hammerhead, are
constructed with sprinkler systems, to the Ordinance Committee FAILED OF PASSAGE. 0 yeas. 7 nays
(Hamblen, Robinson, Loveitt, Phinney, Willett, Justice and Dugas).
Item #6704. The order, as read aloud by the Clerk, was moved by Councilor Dugas and
seconded by Councilor Willett. Moved by Councilor Robinson, seconded by Council Loveitt to
amend the proposed order by adding the dates of April 15th through May 1st. 7 yeas.
The order, as amended, was then voted resulting in the following:
ORDERED that the Town Council refer a proposal to amend Chapter II, Section V (G) Street
Construction Standards and Specifications, h, Base and Pavement (2) Pavement, of the Land Use and Development Code, to the Planning Board for public hearing and their recommendation. 7 yeas.
Item #6705. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive
the Clerk reading aloud the proposed order. 7 yeas.
Moved by Councilor Loveitt, seconded by Councilor Justice
WHEREAS, Maine relies too heavily on the property tax to pay for Kindergarten through Grade 12 education; and
WHEREAS, the State's tax structure is too "volatile", resulting in an unpredictability of state tax
revenues that significantly disrupts both state and local efforts to budget governmental resources; and
WHEREAS, the alignment of tax burden among the property tax, sales tax and income taxes is
seriously out of balance; and
WHEREAS, Maine's overall tax burden is a matter of great concern to residents and businesses;
and
WHEREAS, Maine's tax structure should be changed to reduce the State's reliance on the local property tax to fund K-12 education and special education costs, reduce the volatility of Maine's tax code, more equitably re-align the tax burden among the state's three major tax revenue sources, and allow the Legislature to develop a plan to reduce Maine's overall tax burden; and
WHEREAS, municipalities have tried for many years to get the Legislature to engage in tax reform to address Maine's flawed tax code and the Legislature has rejected these efforts and failed to enact meaningful tax reform; and
WHEREAS, we believe it is time to directly provide the citizens of Maine the opportunity to vote on proposed changes to Maine's tax structure that will reduce property taxes statewide:
NOW, THEREFORE, BE IT RESOLVED that the Town council of Gorham hereby supports the proposed tax reform initiative of the Maine Municipal Association entitled "An Act To reduce Local Property Taxes Statewide." 7 yeas.
Item #6706. Moved by Councilor Dugas, seconded by Councilor Loveitt and ORDERED that
David Cole is designated as the voting delegate and Brenda Caldwell is designated as the alternate delegate for the MMA annual business meeting held on October 17, 2002. 7 yeas.
Item #6707. The order, as read aloud by the Clerk, was moved by Councilor Dugas, seconded
by Councilor Hamblen. Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED to amend the proposed order by amending #7 under permitted and inserting an accompanying definition in the ordinance. 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 of the Land Use and Development Code to replace the Rural Land Management System in the Rural District with a Net Density Provision, as presented, to the Planning Board for public hearing and their recommendation. 7 yeas.
Item #6708. Moved by Councilor Dugas, seconded by Councilor Willett and ORDERED that the
Town Council appoint the following as Wardens and Ward Clerks for their respective districts for the November 5, 2002 State Election, the Gorham Municipal Election and the Portland Water District Election:
Warden Ward Clerk
District 1 Nancy Hawkes Theresa Lamontagne
District 2 Patricia Clay Janice Edwards
District 3 Linda Deering Laurel Smith
Central Jenifer McCullough Anita Smith 7 yeas
Item #6709. Moved by Councilor Hamblen, seconded by Councilor Dugas and ORDERED that
the Town Council vote that the polls be open for the November 5, 2002 State Election, the Gorham Municipal Election and the Portland Water District Election between the hours of 7:00 a.m. and 8:00 p.m. 7 yeas.
Item #6710. Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED that
the Town Council vote for the Registrar of Voters to be in sessions between the hours of 8:30 a.m. and 4:30 p.m. on Wednesday, October 30, 2002; between the hours of 8:30 a.m. and 6:30 p.m. on Thursday, October 31, 2002 and between the hours of 7:30 a.m. and 4:30 p.m. on Friday, November 1, 2002. 7 yeas
Councilor Dugas asked that two students from the University of Maine who have attended the
meeting be recognized.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn. 7 yeas. Time of adjournment
Respectfully submitted,
D. Brenda Caldwell
Town Clerk
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