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07/02/2002 Minutes

REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL

July 2, 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, Willett (NOTE:  Councilor Willet was absent at roll call but arrived during the Town Manager's report), and Dugas; the Town Manager and the Town Clerk.

Moved by Councilor Dugas, seconded by Councilor Hamblen and VOTED to approve the Minutes of the June 4, 2002 Regular Meeting, as corrected, and the June 4, 2002 Special Meeting.  6 yeas.

There were no public communications.

        Councilor Justice reported on the Ordinance Committee meeting held June 24th.

        Chairman Phinney reported that he attended the Baptist Church's 150 anniversary last Friday night and congratulated the church on the event.

The Town Manager reported that construction to replace the Files Road Bridge has been started; that the Town has closed on the Belanger property; that curbside trash collection started Monday and is going well; that he has met with David Cairns working toward a possible resolution of the intersection of Bartlett Road and Route 25 and that the airstrip over the Rust Road right-of-way has not been moved but that the Town has been served with notice of a law suit regarding the Council's order and the status of Rust Road.

Item #6654.  Moved by Councilor Robinson, seconded by Councilor Loveitt to reconsider the second motion voted under #6654 at the June meeting. 4 yeas.  3 nays (Dugas, Hamblen and Justice).

Moved by Councilor Robinson, seconded by Councilor Loveitt to amend the proposed order to make no parking on the west side of Johnson Road; no parking on both sides of the street for 100 feet from Route 202 and no parking on both sides of the street for 75 feet from Main Street.  4 yeas.  3 nays (Dugas, Hamblen and Justice).

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

WHEREAS, Johnson Road between Route 25 and Route 202 is narrow and parked vehicles create a safety issue,

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 Streets and Sidewalks Public Safety Ordinance, Schedule A

1)  Amend the Streets and Sidewalks Public Safety Ordinance by adding to Schedule A “No parking on the west side of Johnson Road; no parking on both sides of Johnson Road for 100 feet from Route 202 and no parking on both sides of Johnson Road for 75 feet from Main Street."  4 yeas.  3 nays (Dugas, Hamblen and Justice).

        The meeting recessed for a public hearing on an application for renewal of a Combined Massage Establishment/Massage Therapist License in the name of Cynthia S. Doyle.  There was no public comment and the hearing closed at 7:27 p.m.

Item #6665.  Moved by Councilor Justice, seconded by Councilor Hamblen and ORDERED that the Town Council authorize the renewal of a Combined Massage Establishment/Massage Therapist License in the name of Cynthia S. Doyle for 7 Clay Road, Gorham.  7 yeas.

The meeting recessed for a public hearing on an application for a Class II Victualer
Item #6666.  Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the Town Council authorize the issuance of a Class II Victualer
Item #6667.  Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council authorize the renewal of a Restaurant Liquor License in the name of Angelo Sotiropoulos d/b/a Gorham House of Pizza. 7 yeas.

Item #6668.  The order, as read aloud by the Clerk, was moved by Councilor Willett and seconded by Councilor Loveitt.    Moved by Councilor Loveitt, seconded by Councilor Dugas to postpone action regarding  the Town Council accepting a proposal from BH2M for design and permitting services for the Chick Property, so called, pursuant to the Chick Property Master Plan accepted by the Town council on July 17, 2001 to the September meeting of the Council.  7 yeas.

Item #6669.  Moved by Councilor Dugas, seconded by Councilor Hamblen and VOTED that the Town Council refer a request from the Fire Chief to update the 101 Life Safety Code, to the Ordinance Committee for their review and recommendations.  7 yeas.

Item #6670.  Moved by Councilor Robinson, seconded by Councilor Loveitt and     ORDERED that the Town Council refer a request to establish a Municipal Center Committee to develop plans to expand the Municipal Center to provide adequate space to deliver services cost effectively, in accordance with the Long Range Facilities Plan adopted by the Town Council on June 6, 2000 to the Finance Committee for the Committee to develop a recommended charge for the Municipal Center Committee and to recommend membership for the committee of 7 to 9 members, for the Council to consider at or before the regular September, 2002 meeting.  6 yeas.  1 nay (Hamblen).

Prior to the above vote a motion by Councilor Loveitt, seconded by Councilor Willett to amend the proposed order by further charging the Finance Committee to make a recommendation regarding the disposition of or future use of the Shaw School FAILED OF PASSAGE.  1 yea.  6 nays (Hamblen, Robinson, Phinney, Willett, Justice and Dugas).

Item #6671.  A motion by Councilor Robinson, seconded by Councilor Loveitt that the Town Council refer a request for the Town to develop an animal control ordinance, to the Ordinance Committee to develop a proposed ordinance for Council consideration FAILED OF PASSAGE.  2 yeas.  5 nays (Dugas, Justice, Phinney, Loveitt and Hamblen).

Item #6672.  Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the Town Council vote for David Cole to serve on the Maine Municipal Association
Item #6673.  Moved by Councilor Dugas, seconded by Councilor Hamblen and ORDERED that the Town Council issue a permit to allow loads in excess of limits specified in Title 29, M.R.S.A. for M.D.O.T. Road Project Number 57P-8723(00)x located on Route 237 from approximately the Little River Bridge to approximately Canal Street.  7 yeas.
Item #6674.  Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town council authorize the Portland Water District to develop a preliminary Master Plan for extension of the sewer collection system.  7 yeas,

Item #6675.  The order, as read aloud by the Clerk, was moved by Councilor Loveitt and seconded by Councilor Willett.  Moved by Councilor Justice, seconded by Councilor Robinson and VOTED to amend the proposed order by adding the name of C.B. Kenworth and the amount of $106,783.  7 yeas.

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

ORDERED that the Town council accept the bid of  C.B. Kenworth in the amount of $106,783. to purchase a Wheeler Dump Truck in accordance with the bid specifications.  7 yeas.

Prior to the above vote a motion by Councilor Loveitt, seconded by Councilor Willett to purchase the Volvo from O'Connor at $107,557 FAILED OF PASSAGE.  0 yeas.  7 nays (Hamblen, Robinson, Loveitt, Phinney, Willett, Justice and Dugas).

Item #6676.  Moved by Councilor Willett, seconded by Councilor Justice to waive the Clerk reading aloud the proposed order.  7 yeas.

Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council accept the following sums of money to be safely invested and forever held in trust, the interest therefrom to be used for perpetual care of the following lots:

                Morton, George & Marion         Hillside Cemetery, Section P, lot 35 (4 gravesites)                     $350.00

Mason, Sandra & Roger
Fox Paula & James               Hillside Cem. Sec. P, lot 39 (4 gravesites)             $250.00

MacConnell, Clifford & Marlene, W Gorham Cem. Sec D lot 16 (gravesite A) (1 grave)              $200.00

Bell, Owen                      Hillside Cem. Sec P, lots 12, 23, 34 (12 gravesites)            $650.00
Derby. William A. & Norma D. West Gorham Cem Sec E lot 6 (gravesite A) (1 grave)                $200.00

Friel, Garth E.                  Eastern Cemetery, Section AA, lot 51, (1 gravesite)            $100.00

Green, Theresa  Hillside Cemetery, Section P, lot 26 (gravesites B, C & D); lot 37 (gravesites B, C & D) (6 gravesites)
$450.00

Willis, Stephen Hillside Cemetery, Section R, lots 5,6,16 & 17 (16 gravesites)                  
$850.00

Ryan, Winifred G.       We Gorham Cem Section D, lot 16 (gravesite D) (1 grave)                 
$200.00

Burnham, James & Dorothy        Hillside Cem. Section P, lot 43 (gravesites C & D) (2 gravesites)       
$150.00

Coulombe, Mary & Lester Hillside Cem. Section P, lots 25 (gravesites C & D); lot 36 (gravesites C & D),Lot 26 (gravesite A) and lot 37 (gravesite A)     (6 gravesites) 
$450.00

O
$250.00

Thomas, David   Hillside Cemetery, Section L, lot 27 (gravesite D) (1 gravesite)                        
$100.00

Thomas, David   Hillside Cemetery, Section L, lot 27 (Gravesite C (1 gravesite) and Section L, lot 26 (gravesites C & D) (2 gravesites)                         
$300.00
7 yeas.

Item #6677.  The order, as read aloud by the Town Clerk was moved by Councilor Loveitt and seconded by Councilor Hamblen.  Moved by Councilor Justice, seconded by Councilor Hamblen to amend the proposed order to add "Fiscal Year 2002".  7 yeas.

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

ORDERED that the Town Council appropriate $101,938 from the Fiscal Year 2002 School Department Fund Balance for the School Department Budget to cover State Commissioner of Education
Moved by Councilor Justice, seconded by Councilor Loveitt to take up an item not on the agenda.  7 yeas.

Item #6678.  Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Manager is hereby authorized to purchase an “as is” (used) portable classroom from Schievi Leasing Corp. for $46,500 as budgeted in the 2002/2003 Budget.  7 yeas.

Moved by Councilor Justice,  seconded by Councilor Dugas and VOTED to adjourn.  7 yeas.  Time of adjournment  - 9:00 p.m.

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