REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
November 12, 2002
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of 2001-2002 Council: Present: Chairman Phinney, Councilors Robinson, Loveitt, Willett, Justice and Dugas; the Town Manager and the Town Clerk
Absent: Councilor Hamblen
Moved by Councilor Dugas, seconded by Councilor Loveitt and VOTED to accept the Minutes of the October 8, 2002 Regular Meeting as printed and distributed. 6 yeas.
During Open Public Communications Chris Barstow, State Representative Elect thanked the voters of Gorham and stated that he would work hard for the Town of Gorham. Harold McFarland spoke regarding a curb cut on Libby Avenue and a complaint about the Police Department's ticketing policies.
There were no Council communications.
Chairman Phinney thanked everyone for voting and thanked the election workers for a job well done.
The Town Manager's Report consisted of an announcement that the Town of Windham will be holding a neighborhood meeting on November 18, 2002 at the South Windham Community Church.
The Town Clerk reported that 5,546 citizens voted in the November 5, 2002 elections, a 59% turnout. She also reported that the balloting resulted in the election of Michael Phinney and Jane Willett to three-year terms on the Council; Steven Caldwell, William Neily and Stephen Morin to three-year terms on the School Committee and Charles Hamblen to a five-year term representing Gorham on the Portland Water District Board of Directors.
The two newly-elected Councilors were sworn into office by the Town Clerk.
Roll Call of 2002-2003 Council - Present: Councilors Robinson, Loveitt, Phinney, Willett, Justice and Dugas; the Town Manager and the Town Clerk
Absent: Councilor Hamblen
The Clerk, acting as Chairman pro tempore, conducted the election of the Chairman.
Item #6711. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that Michael Phinney be elected the Chairman of the Council for 2002-2003. 6 yeas.
Item #6712. Moved by Councilor Robinson, seconded by Councilor Willett and ORDERED that Burleigh Loveitt be elected the Vice-Chairman of the Council for 2002-2003. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to take Item #6714 out of order. 6 yeas. (NOTE: For purposes of continuity the action taken under Item #6714 will be shown in its property consecutive order.)
Item #6713. Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the following be elected to serve on the following Council committees for 2002-2003 with the first named as Chairman of the Committee:
1. Finance Committee - Matthew Robinson, Chairman; Calvin Hamblen and Philip Dugas
2. Ordinance Committee - Norman Justice, Chairman; Burleigh Loveitt and Jane Willett
3. Appointments/Personnel - Philip Dugas, Chairman, Burleigh Loveitt and Jane Willett
4. Economic Development/Capital Improvements - Calvin Hamblen, Chairman; Matthew Robinson and Norman Justice
5. Representative to Greater Portland COG - Calvin Hamblen; David Cole, Alternate
6. Ad Hoc Representative to the Recreation Advisory Board - Matthew Robinson
7. Ad Hoc Representative to the Cable TV Committee - Michael Phinney
6 yeas.
Item #6714. The order, as read aloud by the Clerk was moved by Councilor Justice and seconded by Councilor Dugas. Moved by Councilor Justice, seconded by Councilor Dugas to amend the proposed order by changing the committee structure to 4 committees as follows: (1) Finance Committee, (2) Ordinance Committee, (3) Appointments/Personnel Committee and (4) Economic Development/Capital Improvements Committee. 6 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council adopt by reference the same Council Rules as were adopted for the year 2001-2002, as amended, as the Council Rules for the year 2002-2003 with the amendment of the committee structure change. 6 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. Sixteen people spoke from the public with most speaking in favor of Option 3 and the rest supporting not tearing down any of the building. A group of citizens from Morrill Avenue, represented by Mark Clements, submitted a proposal requesting several other actions to be taken in conjunction with the Shaw School disposition. The hearing closed at 8:05 p.m.
Item #6715. The order, as read aloud by the Clerk, was moved by Councilor Robinson and seconded by Councilor Willett. Moved by Councilor Loveitt, seconded by Councilor Dugas to amend the order by changing the wording to send option 3 to referendum and to appoint a committee to study the recommendations of the Morrill Avenue residents. 5 yeas. 1 nay (Willett).
The motion, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council vote to adoption option 3 referred to in the Alternative Use Study for Shaw School, and
BE IT FURTHER ORDERED that a committee be appointed to study the recommendations made this evening by the Morrill Avenue residents. 5 yeas. 1 nay (Willett).
Prior to the above votes a motion by Councilor Willett to divide the question FAILED FOR LACK OF SECOND.
The Chairman declared a short recess.
The meeting reconvened and then recessed for a public hearing on a proposed Recreational Vehicle Ordinance. There were several citizens present in the audience - 6 spoke in favor of the Ordinance; 3 spoke on particular concerns with the ordinance (fees and snowmobiles) and 4 speaking in opposition to the ordinance. The hearing closed at 9:30 p.m.
Item #6716. Moved by Councilor Justice, seconded by Councilor Willett and VOTED that
WHEREAS, the prevalence of recreational vehicle use in neighborhoods is increasing, and
WHEREAS, the Town of Gorham would like to allow neighborhoods to reasonably enjoy normal peace and quiet while also allowing for the reasonable use of recreational vehicles, and
WHEREAS, in some instances repeated and excessive operation of recreational vehicle use unreasonably disturbs a neighborhood;
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:
GORHAM RECREATIONAL VEHICLE ORDINANCE
Section 1. Authority.
This ordinance is enacted in accordance with Title 30-A, M.R.S.A.
Section 2. Definitions.
Recreational vehicle - Any motorcycle, motorbike, trail bike, all-terrain vehicle, go-cart or any similar type of vehicle that is designed principally for use off-road. This term shall not include any vehicle that is designed or used principally for agricultural purposes.
Section 3. Prohibited conduct.
3.1 No person shall operate a recreational vehicle on the private property of another without the express permission of the owner or the occupant of that property.
3.2 No person shall operate any recreational vehicle within the limits of the Town of Gorham in a manner that unnecessarily annoys or disturbs any person due to the continued or repeated operation anytime day or night.
3.3 No person shall operate a recreational vehicle in a careless, reckless, or negligent manner so as to endanger the safety of any person or the property of any person.
Section 4. Violation; Penalties.
Violation of this Ordinance shall be a civil infraction. Penalties for a violation shall be $100 for a first violation, $250 for a second violation, and $500 for any subsequent violation. In addition, the Town may seek injunctive relief in court, as well as its costs of prosecution of the violation, including attorney
Section 5. Separability Clause.
If any portion of this Ordinance shall be held to be declared invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining sections or provisions of this ordinance. 4 yeas. 2 nays (Phinney and Dugas).
Item #6717. A motion by Councilor Justice, seconded by Councilor Willett that the Town Council appoint William Rust, Jane Willett and Mark St. Germain to serve on a Steering Committee for the Tannery Brook Watershed Project, along with two (2) members from the Maine Department of Environmental Protection and one member from the Environmental Protection Agency to develop a management plan for the Tannery Brook Watershed for Town Council consideration FAILED OF PASSAGE. 2 yeas. 4 nays (Robinson, Loveitt, Phinney and Justice).
Item #6718. Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town council authorize the Town Manager to sign a letter of agreement between the eleven Casco Bay Watershed NPDES Phase II Communities and Cumberland County Soil and Water Conservation District to provide program development and compliance assistance with the National Pollution Discharge Elimination System Phase II rules as published in the Federal Register on December 8, 1999. 6 yeas.
Item #6719. The order, as read aloud by the Clerk, was moved by Councilor Dugas and seconded by Councilor Justice.
Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED to postpone action to call a public hearing for December 3, 2002 to consider an order to take by eminent domain a small portion of a lot owned by David Cairns d/b/a Portland Cover, LLC at the intersection of Route 25 and Bartlett Road to the regular January meeting of the Council. 6 yeas.
Item #6720. Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town manager is authorized to sign an easement deed conveying rights to maintain water lines and sewer lines to the new Middle School located off Weeks Road, to the Portland Water District, as submitted. 6 yeas.
Item #6721. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the personal property taxes in the amount of $841.96 assessed against Gorham Commons, Inc. for the 2000-01 and 2001-02 fiscal years be abated because the business is no longer in business. 6 yeas.
Item #6722. Moved by Councilor Robinson, seconded by Councilor Loveitt and ORDERED that the Town Council accept an extension of Gateway Commons, Inc. from the current terminus of publicly accepted Gateway Commons Drive, northerly 1519 feet as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Gateway Commons be classified as a Rural Subcollector Road. 6 yeas.
Item #6723. Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the Town Council accept a sidewalk easement from Carter's Auto Service, Inc. for a portion of sidewalk on Railroad Avenue and Elm Street. 6 yeas.
Item #6724. A motion by Councilor Dugas to authorize the installation of an exclusive left turn signal at Elm Street and Water Street FAILED DUE TO LACK OF SECOND.
Item #6725. moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that a request to modify the Wastewater Ordinance to allow cluster waste disposal systems be referred to the Ordinance Committee to review and make a subsequent recommendation to the Town Council. 6 yeas.
Item #6726. The order, as read aloud by the Clerk, was moved by Councilor Dugas and seconded by Councilor Justice. Moved by Councilor Willett, seconded by Councilor Justice and VOTED to amend the proposed order by advising PACTS that the Town Council of Gorham would request that they make the projects fit the present budget. 6 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council authorize the Town Manager to advise PACTs that the Town of Gorham requests that MeDOT make the projects fit the present budget. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn. 6 yeas. Time of adjournment - 11:25 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
| 
