Item #6651. Moved by Councilor Robinson, seconded by Councilor Hamblen and ORDERED that the Town Council authorize the renewal of a Victualer
The meeting recessed for a public hearing on a proposal to amend the Gorham Industrial Park Tax Increment Financing District by adding approximately 1.08 acres (part of Tax Map 12, Lot 33-5) to the District, pursuant to Title 30-A M.R.S.A. There was no public comment and the hearing closed at 7:36 p.m.
Item #6652. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive the Clerk reading aloud the proposed order. 7 yeas.
Moved by Councilor Hamblen, seconded by Councilor Robinson and VOTED that
WHEREAS, the Town of Gorham is authorized pursuant to Chapter 207 of Title 30-A of the Maine Revised Statutes, as amended, to designate a specified area within the Town as a Municipal Development District and Tax Increment Financing District and to adopt a Development Program for such District; and
WHEREAS, there is a need for commercial development in the Town of Gorham; and
WHEREAS, Big Water Realty, LLC currently intends to construct new manufacturing and office facilities within the proposed Municipal Development and Tax Increment Financing District (the “District”); and
WHEREAS, there is a need to provide continuing employment opportunities for the citizens of the Town of Gorham and the surrounding region; to improve and broaden the tax base of the Town of Gorham; and to improve the general economy of the Town of Gorham, the surrounding region and the State of Maine; and
WHEREAS, the expansion will help to provide continued employment for the citizens of the Town of Gorham and the surrounding region, improve and broaden the tax base in the Town of Gorham and improve the economy of the Town of Gorham and the State of Maine; and
WHEREAS, there is a need to encourage the expansion, improvement and continuation of business facilities through the establishment of Municipal Development and Tax Increment Financing District in accordance with the provisions of Chapter 207 of Title 30-A; and
WHEREAS, the Town has held a public hearing on the question of establishing the District in accordance with the requirements of 30-A M.R.S.A., Sec. 5253, upon at least ten (10) days prior notice published in a newspaper of general circulation within the Town; and
WHEREAS, the Town desires to designate the Gorham Industrial Park Municipal Development and Tax Increment Financing District and adopt a Development Program for such District; and
WHEREAS, this resolution amends the original Tax Increment Financing District as subsequently amended on March 31, 1999, by adding approximately 1.08 acres which is part of Tax Map 12, lot 33-5, to the District, and
WHEREAS, it is expected that approval will be sought and obtained from the Maine Department of Economic and Community Development, approving the designation of the District and the adoption of the Development Program for the District;
NOW, THEREFORE, BE IT ORDERED by the Town Council of the Town of Gorham:
Section 1. The Town hereby finds and determines that:
a. At least twenty-five percent (25%), by area of the real property within the District, as hereinafter designated, is suitable for industrial sites as defined in 30-A M.R.S.A. Sec. 5253; and
b. The total area of the District does not exceed two percent (2%) of the total acreage of the Town; and the total area of all development districts within the Town (including the District) does not exceed five percent (5%) of the total acreage of the Town; and
c. The aggregate value of equalized taxable property of the District as of April 1, 1996 does not exceed five percent (5%) of the total value of equalized taxable property within the Town as of April 1, 1996; and
d. The aggregate value of municipal indebtedness financed by the proceeds from tax increment financing districts within Cumberland County, including the proposed District, does not exceed $50 million; and
e. The Town expects that the Development Program will be completed within five (5) years of the designation of the District by the Department of Economic and Community Development; and
f. The designation of the District and pursuit of the Development Program will generate substantial economic benefits by the Town and its residents, including employment opportunities, broadened and improved tax base and economic stimulus, and therefore constitutes a good and valid public purpose.
Section 2. Pursuant to Chapter 207 of Title 30-A of the Maine Revised Statutes, as amended, the Town hereby designates the Gorham Industrial Park Municipal Development and Tax Increment Financing District, designated and described as more particularly set forth in the “Gorham Industrial Park Redevelopment District Development Program” presented at this public hearing in the form attached hereto and such Development Program is hereby incorporated by reference into this vote as the Development Program for the District.
Section 3. The Town Manager be, and hereby is, authorized, empowered and directed to submit the proposed designation of the District and the proposed Development Program for the District to the State of Maine Department of Economic and Community Development for review and approval pursuant to the requirements of 30-A M.R.S.A., Sec. 5253(1)(F).
Section 4. The foregoing designation of the District and the adoption of the Development Program for the District shall automatically become final and shall take full force and effect upon receipt by the Town of approval of the designation of the District in adoption of the Development Program by the Department of Economic and Community Development, without requirements of further action by the Town, the Council, or any other party.
Section 5. The Town Manager be and hereby is authorized and empowered, at his discretion, from time to time, to make such technical revisions to the Development Program for the District as the Department of Economic and Community Development deems reasonably necessary or convenient in Item to facilitate the process for review and approval of the District by the Department of Economic and Community Development, so long as such revisions are not inconsistent with this Item or the basic structure and intent of the Development Program.
Section 6. The Town Manager be, and hereby is, authorized and directed to enter into the separate Credit Enhancement Agreement with Big Water Realty, LLC developing Tax Map 12, lot 33-5 as contemplated by the Development Program, in the name of and on behalf of the Town, such agreement to be in such form and to contain such terms and provisions, not inconsistent with the Development Program, as the said Town Manager may approve, his approval to be conclusively evidenced by his execution thereof. 7 yeas.
The meeting recessed for a public hearing on a proposal to add a new Chapter VII, Impact Fees, to the Land Use and Development Code. There was no public comment and the hearing closed at 7:40 p.m.
Item #6653. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED
WHEREAS, the Town of Gorham is experiencing new and rapid residential growth that is using up the available operating and capital capacity of many municipal services, and
WHEREAS, new capital projects will be needed to provide the additional capacity and facilities to service the rapid growth in Gorham, and
WHEREAS, the Town wants to ensure that new development in Gorham is fairly and equitably paying for its share of the cost of new infrastructure and capacity needed to service said development, and
WHEREAS, the Town wants to ensure that existing property owners are not unfairly subsidizing development,
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 add a new Chapter VII, Impact Fees
1) Amend the Land Use and Development Code by adding a new Chapter VII as per the attached. 6 yeas. 1 nay (Loveitt).
The meeting recessed for a public hearing a proposal to amend the Streets and Sidewalk Public Safety Ordinance, Schedule A, by adding no parking on Route 114 (School Street) beginning at a point 380 feet west of Church Street and extending north to the compact line, and by adding no parking on Johnson Road from Route 25 to Route 202. Six members of the public spoke with four speaking in opposition to the amendment regarding Johnson Road. The hearing closed at 8:03 p.m.
Item #6654. Moved by Councilor Loveitt, seconded by Councilor Dugas and VOTED to divide the order into two votes with item 2 being considered first and amended to read north rather than west. 7 yeas.
Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED
WHEREAS, recent sidewalk construction on Route 114 near York Cumberland Housing forces parked vehicles further into the travel lanes causing 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 Route 114 (School Street) beginning at a point 380 feet north of Church Street and extending north to the compact line. 7 yeas.
Moved, seconded and VOTED
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 Johnson Road from Route 25 to Route 202” 4 yeas. 3 nays (Loveitt, Phinney, Willett).
Prior to the above vote a motion by Councilor Loveitt, seconded by Councilor Willett that Johnson Road be made one-way from Gray Road (Route 202) to Main Street (Route 25); that there be no trucks on that road and that the pole at the intersection of Maine Street and Johnson Road be set back FAILED OF PASSAGE. 1 yeas. 6 nays (Hamblen, Robinson, Phinney, Willett, Justice and Dugas).
A motion by Councilor Loveitt, seconded by Councilor Willett to amend the proposed order to say that there will be no parking on the east side but parking on the west side of Johnson Road also FAILED OF PASSAGE. 3 yeas. 4 nays (Dugas, Justice, Robinson and Hamblen).
Item #6655. The order, as read aloud by the Clerk, was moved by Councilor Justice and seconded by Councilor Dugas. Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED to amend the proposed order by adding that be it further ordered that the budget resolution adopted by the Council on May 14th is hereby amended to reflect this change. 7 yeas.
The order, as amended was then VOTED resulting in the following:
ORDERED that the Town Council authorize the transfer of $356,100, that had been included in the Town
BE IT FURTHER ORDERED that the Town Council request the School department to maintain the capital account separately from the School
BE IT FURTHER ORDERED that the $186,586 (from the Revaluation reserve fund) and the $91,675 (from Village School parking) previously transferred on May 14, 2002 to provide partial funding for these projects, be transferred to the school Capital Budget with the intent of providing partial funding of these capital projects, and
BE IT FURTHER ORDERED that the budget resolution adopted by the Council on May 14th is hereby amended to reflect this change. 7 yeas.
Item #6656. This item that the Town council adopt an Inducement Item to issue $1.5 million in Industrial Revenue Bonds that do not constitute any debt or liability of the Town as proposed was withdrawn from the agenda at the request of R. J. Grondin.
Item #6657. The order, as read aloud by the Clerk, was moved by Councilor Willett and seconded by Councilor Justice. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to amend the proposed order by replacing the first paragraph in Section 2 Item E with the following:
“Applicability/Effective Date Cause: Notwithstanding the provisions of 1 M.R.S.A. sec 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 section 302, on or before that date, by the Town board or officials having authority to grant any such permit or approval.” 7 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council refer a proposal to amend the Land Use and Development Code by adding an impact fee for the debt on a portion of the new Middle School to the Planning Board for public hearing and the Planning Board
BE IT FURTHER ORDERED that the Town Council ask the Planning Board to process this proposal on a priority basis, and
BE IT FURTHER ORDERED that the effective date of this ordinance shall be June 5, 2002. 5 yeas. 2 nays (Loveitt and Phinney)
The Chairman declared a short recess. The meeting reconvened at 9:30 p.m.
Item #6658. Moved by Councilor Dugas and seconded by Councilor Hamblen that the Town Council instruct the Town Manager to initiate the process of using eminent domain to acquire the parcel of land located at the corner of Bartlett Road and Route 25 (Tax Map 12, lot 28) and currently listed on the Town
Item #6659. Moved by Councilor Dugas, seconded by Councilor Hamblen and ORDERED that the Town Council accept the bid of Bancroft Construction Inc. for $92,655 to replace the Files Road Bridge, pursuant to bid specifications. 7 yeas.
Item #6660. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council authorize the Town Manager, on behalf of the Town, to sign a maintenance agreement with the State of Maine that specifies maintenance responsibilities on the Mountain Division Trail. 6 yeas. 1 nay (Willett).
Item #6661. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED 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 adopt the following Resolution encouraging support for Questions 1 and 2 for the June 11, 2002 election:
Resolution Supporting Questions 1 and 2 on the June 11, 2002 State Referendum Ballot
WHEREAS, on June 11, 2002 Maine voters will be asked to approve Ballot Question #1, a $28.5 million bond issue to fund renovations and improvements for public schools and buildings related to health, safety, accessibility, and function; and
WHEREAS, on June 11, 2002 Maine voters also will be asked to approve Ballot Question #2, a $34.9 million bond proposal to stimulate job growth in Maine through strategic investment in economic growth initiatives, research and development, renovation of historic cultural facilities in Maine that will strength Maine
WHEREAS, passage of Question #2 will provide particular benefits to this region, especially in the areas of protecting and increasing manufacturing- and biomedical-related jobs, businesses, industries, and opportunities, and
WHEREAS, passage of Question #2 will allow Maine to successfully attract several millions of dollars in federal grants and contracts to our universities and biomedical institutions that will stimulate the state
WHEREAS, together passage of question #1 and #2 will take advantage of low interest rates to provide much-needed strategic investment in facilities and projects that are essential to Maine
WHEREAS, passage of both bond questions will provide immediate and long-term benefits to the region and to the state by providing safer, more functional schools and public buildings as well as economic growth and job creation, and
WHEREAS, passage of question #1 and #2 are wise investments in opportunities to improve the attractiveness of Maine as a place to learn, to work, and to live;
NOW, THEREFORE BE IT RESOLVED, that the Town Council of Gorham does hereby support passage of Question #1, the school renovation and safety bond, and Question #2, the economic growth bond, and encourage the citizens of Gorham and our state to vote “yes” on both ballot questions on June 11, 2002. 7 yeas.
Item #6662. Moved by Councilor Hamblen, seconded by Councilor Robinson and ORDERED that the Town Council nominate David Cole to serve on the Maine Municipal Association
Item #6663. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED that the Town Council go into Executive Session, pursuant to Title 1, M.R.S.A. Section 405 (6) (C) to discuss the acquisition of property.
Moved by Councilor Justice, seconded by Councilor Hamblen and ORDERED that the Town manager be and hereby is authorized and directed to sign a purchase and sale agreement to acquire a parcel of property, located at 29 New Portland Road (formerly the property of Roger P. Belanger), with improvements for $160,000, and
BE IT FURTHER ORDERED that the Town council appropriate funds from the Land Acquisition Reserve Fund to pay for the acquisition. 7 yeas.
Item #6664. Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that pursuant to M.R.S.A. Title 30-A Section 2526 (5) (b) the Town Council hereby appoints David Sawyer as the Assessor for the Town of Gorham for a term of two years. 7 yeas.
Moved by Councilor Dugas, seconded by Councilor Hamblen and VOTED to adjourn. 7 yeas. Time of adjournment - 10:55 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
