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REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
August 6, 2002
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of Council: Present: Chairman Phinney: Councilors Hamblen, Loveitt, Justice, Robinson, and Dugas; the Town Manager and the Town Clerk.
Absent: Councilor Willett
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to approve the minutes of the July 2, 2002 Regular Meeting. 6 yeas.
During the public communications segment Jeff Bolduc asked several questions of the Council regarding Robie Park and the work being done there. Lisa Bolduc, a member of the Parks and Conservation Commission, requested that she be notified prior to work being started at the Park.
Councilor Loveitt discussed that in the past noise in the village was addressed by "please don't use exhaust brakes" and he requested that Route 25 west as it turns up the hill toward USM be considered for such signage.
Chairman Phinney introduced Shawn Speed, a Gorham Boy Scout who is attending the meeting tonight as one of the requirements toward his Citizenship Badge.
The Town Manager announced that the lights at the intersection of Route 25 and Water Street are on flash sequence until August 14th when they will be switched on at noontime; that he recently presented Millie Grant of the Finance Department with a 10-year service pin and he went over the statistics for the first month of the Curbside program.
At the request of the Chairman, the Town Manager updated the Council on the Baxter Library construction reporting that everything is coming along on schedule
The meeting recessed for a public hearing on an application for a Mass Gathering License in the name of Reuben H. Howard, d/b/a Vacationland Dog Club Inc. There was no public comment and the hearing closed at 7:27 p.m.
Item #6679. Moved by Councilor Dugas, seconded by Councilor Hamblen and ORDERED that the Town Council authorize the issuance of a Mass Gathering License in the name of Reuben H. Howard, d/b/a Vacationland Dog club Inc. for May 17 and 18, 2003 at Wassamki Springs Campground. 6 yeas.
The meeting recessed for a public hearing on a proposed amendment to the Land Use and Development Code, Chapter IV, Site Plan Review, Section II (B)(2) f. to clarify that it is the area in the existing building and not the area of the lot used to determine whether a project falls within an expedited Code Office review. There was no public comment and the hearing closed at 7:27 p.m.
Item #6680. Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED
WHEREAS, the Town Council recently adopted an amendment to the Land Use Code that was intended, in limited situations, to expedite a change from one permitted use to another permitted use by adopting a Code Enforcement review of the application, and
WHEREAS, initial applications indicated that the area of review with the ordinance needed to be clarified,
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 the Land Use and Development Code, Chapter IV, Site Plan Review, Section II (B) (2) f. to clarify that it is the area in the existing building and not the area of the lot used to determine whether a project falls within an expedited Code Office review
1) Amend the Land Use and Development Code, Chapter IV, Section II (B) (2) f by adding wording so that subsection f. reads as follows:
“The area of the change of use in the existing building does not exceed 20,000 SF of floor area in the Industrial District or 5,000 SF of floor area in any other district.”
6 yeas.
The meeting recessed for a public hearing on a proposed amendment to the Land use and Development Code to add an Impact Fee to support the new Middle School. One person spoke from the public requesting that the impact fee be waived for his project or that the effective date be changed from June to August. The hearing closed at 7:35 p.m.
Item #6681. Moved by Councilor Dugas, seconded by Councilor Justice and VOTED
WHEREAS, the Town of Gorham is experiencing new and rapid residential growth that is using up available operating and capital capacity of many municipal facilities, and
WHEREAS, the Town expects rapid residential growth to continue, creating a need for new capacity to provide appropriate municipal services, and
WHEREAS, the Town has adopted an Impact Fee Ordinance to ensure that new development supports their fair portion of new capital facilities, and
WHEREAS, the new Middle School replaces the existing Charles C. Shaw School and also provides additional capacity for the anticipated additional student population caused by rapid residential growth, and
WHEREAS, the use of Impact Fees is widely recognized by Federal and State Courts as a legally acceptable and valid tool for a municipality to use to help manage the impact of growth, and
WHEREAS, Impact Fees protect existing taxpayers from unfairly subsidizing new development, and
WHEREAS, many nearby communities, such as Scarborough, Saco, York, Cumberland and Kennebunk, have implemented Impact Fees to help manage their growth,
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 the Land Use and Development Code
to Create a Middle School Facilities Impact Fee
CHAPTER VII IMPACT FEES
SECTION I GENERAL
A. PURPOSE
The purpose of these impact fee provisions is to ensure that new development in Gorham will be accomplished in a safe and healthful manner and that such development will bear a proportional or reasonably related share of the cost of new, expanded, or modified infrastructure necessary to service the development through: 1) the payment of impact fees that shall be dedicated to paying for the needed improvements, or 2) the construction of appropriate improvements as provided for herein.
B. AUTHORITY
These impact fee provisions are adopted by the Town under the authority of 30A M.R.S.A. §4354 and its statutory and constitutional home rule provisions.
C. PAYMENT OF IMPACT FEES
The impact fees provided for under this chapter shall be determined in accordance with the provisions for calculation of each impact fee as established by the Town Council and set forth below. Where there is uncertainty as to the amount of the impact fee required to be paid by any development, the amount of the fee shall be determined by the Planning Board based upon the fee calculation methodology for that fee and the recommendation of the Town Planner. The impact fee shall be paid to the Town of Gorham in care of the Planning Department. The fee shall be paid prior to the issuance of any building, plumbing, or other permit for the development subject to the fee. The Town Council may approve the payment of impact fees over time in accordance with an approved payment schedule provided that
appropriate arrangements are in place to guarantee collection of the fees.
D. IMPACT FEE ACCOUNTS
All impact fees collected under the provisions of this chapter shall be segregated and accounted for in separate impact fee accounts designated for the particular improvements in question. The impact fee accounts are as follows:
1) Middle School Facilities Impact Fee
E. USE OF IMPACT FEES
Impact fees collected under the provisions of this chapter shall be used only to pay for the capital cost of the infrastructure improvements specifically associated with each impact fee as described below. No portion of the fee shall be used for routine maintenance or operation activities.
The following costs may be included in the capital cost of the infrastructure improvement:
1) engineering, surveying, and environmental assessment services directly related to the design, construction, and oversight of the improvement,
2) the actual construction of the improvement including, without limitation, property acquisition costs, demolition costs, clearing and grading of the land, and necessary capital equipment,
3) mitigation costs,
4) legal and administrative costs associated with construction of the improvement including any borrowing necessary to finance the project,
5) debt service costs including interest if the Town borrows for the construction of the improvement,
6) relocation costs, and
7) similar costs that are directly related to the project.
F. REFUND OF IMPACT FEES
1) If a building permit is surrendered or lapses without commencement of construction, the developer shall be entitled to a refund, without interest, of any impact fee paid in conjunction with that project. In the case of a refund, the Town shall retain four (4) percent of the impact fee paid to offset a portion of the administrative cost of collection. A request for a refund shall be made in writing to the Town Planner and shall occur with ninety (90) days of the lapse or expiration of the permit.
2) Any fees collected that are not spent or obligated by contract for the specified improvement by the end of the calendar quarter immediately following ten (10) years from the date the fee was paid shall be returned to the developer or its designee without interest.
G. WAIVER OF IMPACT FEES
The Town Council may, by formal vote following a public hearing, waive the payment of a required impact fee, in whole or in part, if it finds that:
1) The developer voluntarily agrees to construct the improvement for which the impact fee would be collected, or
2) The developer is required, as part of a development approval by the Town or a state or federal agency, to make or to pay for infrastructure improvements that are of the same nature as the improvement to be funded by the impact fee, or
3) The infrastructure that the impact fee relates to has been created to attract industry and the fee would be charged to an industrial use.
H. REVIEW AND REVISION
The Town Council shall periodically review each impact fee established under this chapter at least once every five years. If the Council finds that the anticipated cost of the improvement has changed or that the identification of developments subject to the fee is no longer appropriate, the Council may propose changes in the impact fee. Any changes adopted as a result of such review shall apply to all future development but shall not be applied retroactively to projects that have already paid an impact fee.
SECTION II MIDDLE SCHOOL FACILITIES IMPACT FEE #1
A. DESCRIPTION OF THE IMPROVEMENT
The Gorham School Department is constructing a new middle school serving grades 6 through 8 to replace the current Shaw School. The new Gorham Middle School will create the capacity for 900 students in grades 6 through 8. Part of the capacity in the new middle school is needed to serve the students that live in (or will live in) the current housing stock of the community. The other part of the capacity will be available to accommodate middle school students who will live in new housing units that will be built in the future. The Middle School Facilities Impact Fee is intended to apply to the share of the new middle school capacity that is available to accommodate students from new residential development. Based upon an analysis of various development scenarios and enrollment projections,
600 of the 900-student capacity in the new middle school will be needed to meet the needs of the residents of the Town
B. NEED FOR THE IMPROVEMENT
The Shaw School is an older facility that was last expanded in the late 1970's. The facility has a current capacity for 309 students based upon state space standards. The facility is inadequate to meet current and projected enrollments. Expansion of the current facility is not financially feasible. In October of 1991, there were 472 students in grades 6 through 8. Over the past decade, middle school enrollment has grown steadily. As of October 1, 2002, the Gorham School Department had 683 students in grades 6 through 8. Most of this growth has been the result of net in-migration in the school system since the number of births to Gorham families has remained relatively stable over the past 15 years. Much of the in-migration is related to new housing rather than to turnover
in the existing housing stock. The new middle school will provide adequate capacity for projected enrollment growth.
C. ACTIVITIES SUBJECT TO THE FEE
The need for additional capacity at the new middle school is the result of residential development in the community. Therefore, any residential development activity anywhere in Gorham that may potentially have middle school aged children living in the units, will be subject to the impact fee. This shall include the construction of new dwelling units whether or not such units are part of a subdivision, the conversion of an existing building that creates or increases the number of dwelling units in the building, or the expansion or alteration of an existing building that increases the number of dwelling units in the building or an increase in the number of bedrooms in a dwelling unit for which an impact fee has been paid. In the case of a development activity that increases the number of dwelling units
in a building, only the new dwelling units shall be subject to the impact fee.
In the situation where the number of bedrooms within any dwelling unit for which an impact fee has been paid is being increased within twenty-four (24) months of the issuance of a certificate of occupancy, the impact fee due shall be the difference, if any, between the impact fee that would be due based upon the proposed utilization of the dwelling unit prior to the change. (For example, an existing two bedroom single-family home is being converted into a four-bedroom home. The required impact fee for a four bedroom home would be calculated and the fee paid for the existing two bedroom single-family home subtracted from this amount to determine the amount of the additional impact fee due.)
D. CALCULATION OF THE FEE
The amount of the impact fee is proportional to the average number of middle school students that typically live in a particular type of housing (single-family home, mobile home, apartment, retirement housing). The amount of the impact fee charged to each residential unit is based upon the METHODOLOGY FOR DEVELOPING A MIDDLE SCHOOL FACILITIES IMPACT FEE, dated July 30, 2002. In determining the impact fee payable for each dwelling unit, the fee shall be based upon the number of bedrooms in the unit. For the purpose of the impact fee calculation, a bedroom shall include any room designated as a bedroom on the building plans and any other private room in the dwelling unit that is larger than one hundred (100) square feet, meets the bedroom egress requirements of the building code, is separable from other rooms
by a door or door frame that can accommodate a standard door, and does not have facilities or furnishings for cooking, eating, or laundering and is not solely a bathroom, living room, family room, kitchen, dining room, laundry room, or a utility room for central heating/cooling equipment.
1) The impact fee per dwelling unit for the following types of residential units shall be:
Bedrooms
Per Dwelling
Unit
Single-
Family,
Manf.
Housing
Unit, or
Modular
Home on a
Lot Detached
Condo
Unit Attached
Condo
Unit Apartment
Unit Mobile Home or Manf. Housing Unit in Mobile Home or Manf. Housing Park
1 bedroom -0- -0- -0- -0- -0-
bedrooms $ 727.50 $ 727.50 $ 291.00 $ 291.00 $ 291.00
3 bedrooms
(in duplex) $2,182.50
$2,182.50 $ 727.50
$1,455.00 $ 727.50
$1,455.00 $ 727.50
4 bedrooms $2,182.50 $2,182.50 $ 727.50 $ 727.50 $ 727.50
5 or more bedrooms $2,911/0.00 $2,910.00 $ 727.50 $ 727.50 $ 727.50
2) For any other type of residential use or where the application of the fee schedule is unclear, the Planning Board shall determine the applicable impact fee based upon the anticipated number of middle school students that would typically be expected to live in the residential use and a base impact fee of $15,750 per middle school student.
3) Any residential use that is permanently limited to occupancy by residents that are at least sixty-five years of age by binding legal restrictions shall be exempt from the Middle School Facilities Impact Fee.
4) Any residential use that is permanently limited to occupancy by residents that are at least fifty-five years of age by binding legal restrictions that are consistent with the Federal Fair Housing provisions shall be exempt from ninety (90) percent the Middle School Facilities Impact Fee that would otherwise be applicable to the use.
5) In the situation where the number of dwelling units in an existing building is being increased, the impact fee due shall be the difference between the impact fee that would be due based upon the proposed utilization of the building minus the fee that would have been charged based upon the utilization of the building prior to the change. (For example, an existing single-family home is being converted into a multifamily building with four, two-bedroom apartments. The required impact fee for the four apartments would be calculated and the required fee for a single-family home subtracted from this amount to determine the amount of the impact fee due.)
E. EFFECTIVE DATES
Notwithstanding the provisions of 1 M.R.S.A. § 302 or any other law, this ordinance, when enacted, shall govern any plan or application for permits or approvals under the Land Use Code submitted on or after June 5, 2002, and any such plan or application submitted before that date, but which had not received at least one substantive review, within the meaning of § 302, on or before that date, by the Town board or official having authority to grant any such permit or approval.
SECTION III IMPACT FEE #2
A. DESCRIPTION OF THE IMPROVEMENT
(Reserved)
NEED FOR THE IMPROVEMENT
(Reserved)
ACTIVITIES SUBJECT TO THE FEE
(Reserved)
CALCULATION OF THE FEE
(Reserved)
EFFECTIVE DATES
(Reserved)
4 yeas. 2 nays (Loveitt and Phinney).
Prior to the above vote a Motion by Councilor Justice, seconded by Councilor Dugas to amend the proposed order as suggested in the August 11th memo of Mr. Cole which would incorporate the suggestions of the Planning Board and the Town Attorney. 5 yeas. 1 nay (Loveitt)
Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED to amend the proposed order by changing the second "capital" in the first paragraph to "municipal". 5 yeas. 1 nay (Hamblen).
A motion by Councilor Dugas, seconded by Councilor Hamblen to change the effective date to July 1, 2002 FAILED OF PASSAGE. 1 yea. 5 nays (Hamblen, Robinson, Loveitt, Phinney and Justice).
A motion by Councilor Hamblen to change the effective date to August 7th FAILED DUE TO LACK OF SECOND.
A motion by Councilor Dugas, seconded by Councilor Hamblen to amend the proposed order by changing the effective date to August 8th FAILED OF PASSAGE. 3 yeas. 3 nays (Justice, Loveitt, Robinson).
Item #6682. Moved by Councilor Loveitt, seconded by Councilor Robinson that the Town Council authorize the Town manager to draft a letter to PACTS communicating the Council
Item #6683. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council authorize the renewal of a Restaurant Liquor License for Sierra
Item #6684. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council authorize the Town to extend granite curbing on the north side of Maine Street (Route 25) from its approximate end point near the Book Worm to connect to granite curbing near H & R Block, and eliminating curb cuts within this area, and
BE IT FURTHER ORDERED that the Town Council set a date of September 3, 2002 to take comment on a proposal to amend the Streets and Sidewalks Public Safety Ordinance to prohibit left turning from Cross Street onto Main Street. 6 yeas.
Item #6685. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council refer a proposed Noise Control Ordinance to the Ordinance Committee for the Committee to review and make recommendations to the Town Council. 6 yeas.
Item #6686. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED that the Council waive the Clerk reading aloud the proposed order. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED that
WHEREAS, the voters of the Town of Gorham, Maine (the "Town") approved the issuance of up to $21,930,000 of the Bonds of the Town in a referendum election duly called and held on May 15, 2001 pursuant to Maine law in order to finance the cost of a school construction project and further approved the issuance of up to $850,000 of the Bonds of the Town in a referendum election duly called and held on May 7, 2002 pursuant to Maine law in order to finance the cost of improvements to the Baxter Library; and
WHEREAS, the Town Council desires that Bonds of the Town be issued to finance the costs of such school construction project and such Baxter Library project and to refund any outstanding bonds or notes issued to finance costs of such projects; and
WHEREAS, the Town Council of the Town desires to authorize the issuance of up to $21,225,000 principal amount of Town of Gorham 2002 General Obligation Bonds (the "Bonds") and the sale of such Bonds;
NOW, THEREFORE, BE IT VOTED AND ORDERED by the Town Council of the Town as
follows:
1. Bonds Authorized and Purpose of Issue. Pursuant to Maine law, the charter of the Town, votes duly adopted by the inhabitants of the Town at referendum elections duly called and held on May 15, 2001 and on May 7, 2002, and all other authority thereto enabling, and to provide funds for the school construction project and the Baxter Library project as more particularly described in and authorized by such referendum votes, the Town Treasurer is hereby authorized and empowered in the name and on behalf of the Town to borrow up to $21,225,000, consisting of $20,375,000 for the school construction project approved at the referendum election on May 15, 200l and as more fully described in such referendum vote and $850,000 for the Baxter Library project as approved by the
referendum election on May 7, 2002 and as more fully described in such referendum vote. The Town Council of the Town hereby approves and authorizes a capital expenditure for such school construction project in the amount of up to $20,375,000 and a capital expenditure for such Baxter Library project in the amount of up to $850,000. In order to raise such appropriations, the Town Treasurer is hereby authorized to issue and sell general obligation bonds and/or notes in the total aggregate principal amount not to exceed $21,225,000 (the "Bonds") and to determine the date, maturities, denominations, interest rate or rates, place of payment, paying agent and registrar, form and other details of the Bonds including the signing and delivery of said notes or bonds on behalf of the Town. The Bonds shall be executed in the name of the Town by its Treasurer, and countersigned by the Chairman of the Town Council, and be in such form and contain such terms and
provisions, not inconsistent herewith, as the Treasurer may approve, his approval to be conclusively evidenced by his execution thereof. The Treasurer is hereby authorized to provide on behalf of the Town that any of the Bonds may be made redeemable or callable, with or without premium, prior to maturity.
Section 2. Authorized Officers. If any of the officers or officials of the Town who have signed or sealed the Bonds shall cease to be such officers or officials before the Bonds so signed and sealed shall have been actually authenticated or delivered by the Town, such Bonds nevertheless may be authenticated, issued, and delivered with the same force and effect as though the person or persons who signed or sealed such Bonds had not ceased to be such officer or official; and also any such Bonds may be signed and sealed on behalf of the Town by those persons who, at the actual date of the execution of such Bonds, shall be the proper officers and officials of the Town, although at the nominal date of such Bonds any such person shall not have been or be such officer or official.
If the Treasurer, Town Clerk Chairman of the Town Council or any other Town Official is for any reason unavailable to approve and execute the Bonds or any of the Bond documents, the person or persons then acting in any such capacity, whether as an assistant, a deputy, or otherwise, is authorized to act for such official with the same force and effect as if such official had himself performed such act.
Section 3. Sale of Bonds. The Treasurer is hereby authorized and empowered to execute and deliver such bonds purchase agreements, contracts, agreements, notices of sale and certificates as may be necessary or appropriate in connection with the sale of the Bonds. In connection with the sale of the Bonds, the Treasurer is hereby further authorized to prepare, or cause to be prepared, a Official Statement for use in the offering and sale of the Bonds, such Official Statement to be in such form and contain such information as may be approved by the Treasurer, and the distribution of the Official Statement in the name of and on behalf of the Town in connection with the offering of the Bonds is hereby approved.
Section 4. Book-Entry Form. The Treasurer is hereby authorized to undertake all acts necessary to provide for the issuance and transfer of such Bonds in book-entry form pursuant to the Depository Trust Company Book-Entry Only system, and the Treasurer is hereby authorized and empowered to enter into a Letter of Representation or any other contract, agreement or understanding necessary or, in his opinion, appropriate in order to qualify the Bonds for and participate in the Depository Trust Company Book-Entry Only System.
Section 5. Tax Covenants. The Town covenants and certifies that no part of the proceeds of the issue and sale of such Bonds authorized to be issued by the foregoing Orders (including any notes and bonds in renewal thereof) shall be used, directly or indirectly, to acquire any securities and obligations, the acquisition of which would cause such bonds of the Town to be "private activity bonds" or "arbitrage bonds" within the means of Sections 141 and 148, respectively, of the Internal Revenue Code of 1986, as amended (the "Code"). The Treasurer is hereby authorized and directed to execute any certificate or agreement to confirm the foregoing and to covenant, certify, and agree, on behalf of the Town, for the benefit of the holders of such Bonds, that the
Town will file any required reports and take any other action that may be necessary to ensure that interest on the Bonds will remain exempt from federal income taxation under the Code, and that the Town will refrain from any action that would cause interest on the Bonds to be subject to federal income taxation under the Code.
Section 6. Reports and Further Information. The Treasurer is hereby authorized to covenant, certify and agree, on behalf of the Town, for the benefit of the holders of the Bonds, that the Town will file any required reports, make any annual financial disclosure and any material event disclosure, and take any other action that may be necessary to ensure that the disclosure requirements imposed by the Securities and Exchange Commission or any rule or order thereof, if applicable, are met.
Section 7. Further Actions. The Treasurer and other proper officials of the Town be, and hereby are authorized and empowered in its name and on its behalf to do or cause to be done all such other acts and things as may be necessary or desirable in order to effect the issuance, sale and delivery of the Bonds hereinabove authorized. Any such action taken or document executed or consent given by such officer in his capacity as an officer of the Town shall be deemed to be an act by the Town.
Section 8. Effective Date. This Bond Order shall take effect immediately. 6 yeas.
Item #6687. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council vote for the slate of officers for the Maine Municipal Association, as presented. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive the rules to take up an item not on the agenda. 5 yeas. 1 nay (Hamblen).
Item #6688. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council accept the bid of Jordan Equipment for a skid steer loader for $26,846.88 in accordance with the bid specifications. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn. 6 yeas. Time of adjournment - 9:25 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
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