The meeting recessed for a public hearing on the application for a Class IV Victualer
Item #6635. Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council authorize the issuance of a Class IV Victualer's License to the Gorham PTA, and
BE IT FURTHER ORDERED that the fee for said be license be waived. 7 yeas.
The meeting recessed for a public hearing to accept comment on whether an airstrip constructed across the Public Easement on Rust Road obstructs the Public Easement. Fourteen members of the public spoke at this hearing with eleven requesting that the Council order the airstrip removed and three speaking in favor of allowing the airstrip. The public hearing closed at 8:40 p.m.
Item #6636. Moved by Councilor Willett, seconded by Councilor Justice and VOTED to divide the question. 7 yeas.
Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that pursuant to Title 23, M.R.S.A. Section 3028(3), the Town Council determines that the airstrip constructed across the Public Easement on Rust Road is an obstruction that diminishes the rights and privileges of the public using the Public Easement. 7 yeas.
Moved by Councilor Justice and seconded by Councilor Willett that the Town Council order the removal of the air strip crossing the Rust Road public easement. Moved by Councilor Justice, seconded by Councilor Willett that the proposed order be amended to add the following:
1. That there be an immediate cessation of any use by aircraft over the public easement;
2. That the property owner commence removal of the obstruction within 30 days and prosecute the same diligently to completion; and
3. If the property owners fails to do so, then the Town will seek a court order to do so and seek reimbursement for any and all costs incurred to the maximum extend permitted by law.
6 yeas (Councilor Dugas was absent from the meeting at the time this vote was taken.)
The order, as amended was then VOTED resulting in the following:
ORDERED by the Gorham Town Council
1. That there be an immediate cessation of any use by aircraft over the public easement;
2. That the property owner commence removal of the obstruction within 30 days and prosecute the same diligently to completion; and
3. If the property owners fails to do so, then the Town will seek a court order to do so and seek reimbursement for any and all costs incurred to the maximum extend permitted by law.
6 yeas (Councilor Dugas was absent from the meeting at the time this vote was taken.)
Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED that after hearing the Topwn Council determines that there is an obstruction in the Rust Road public easement by the C&C Family LLC airstrip as follows:
1. That the airstrip constitutes a public nuisance within the meaning of M.R.S.A. 17, Section 2802;
2. That the airstrip constitutes a physical impediment that unreasonably interferes with the public use of the public easement;
3. That the airstrip creates an unreasonable public safety issue in crossing the public easement;
4. That the airstrip creates an unreasonable legal and practical liability exposure for the Town of Gorham and individual members of the public who use the public easement due to the unpredictable nature of air traffic crossing the public easement. 7 yeas.
The meeting recessed for a public hearing on a proposed Animal Control Ordinance that would ban dogs from any cemetery in the Town of Gorham. Dan Willett, President of the Gorham Cemetery Association spoke requesting enactment of this ordinance. There were no other comments from the public. The hearing closed at 9:22 p.m.
Item #6637. Moved Councilor Willett, seconded by Councilor Justice and VOTED to waive the clerk reading aloud the proposed order. 7 yeas.
Moved by Councilor Willett, seconded by Councilor Justice and VOTED that
WHEREAS, the Gorham Cemetery Association has submitted a written request to ban dogs in cemeteries in Gorham, and
WHEREAS, the Town Council, after public hearing has determined that dogs in cemeteries are a nuisance and pose potential concerns to the public health, safety and welfare,
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Gorham, Maine in Town Council assembled that the following ordinance be and hereby as adopted:
ANIMAL CONTROL ORDINANCE
Section 1. Purpose.
The purpose of this ordinance is to prohibit all dogs from any cemetery in the Town of Gorham so that they will not create a nuisance, health, or safety problem in cemeteries.
The provisions, which apply to the owners of an animal, applies equally to any person having its custody or possession.
Section 2. Authority.
This ordinance is enacted pursuant to Title 30-A, M.R.S.A., Section 3001.
Section 3. Severability Clause.
If any part of this ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this Ordinance.
Section 4. Repeal.
All ordinance or parts thereof, inconsistent with the terms and provisions of this ordinance, are hereby repealed.
Section 5. Definition.
A. OWNER: any person, firm organization, partnership, association or corporation, which owns, possesses, or has custody of a dog.
Section 6. Dogs Prohibited in Cemeteries.
It shall be unlawful for any owner to allow or permit any dog, whether on a lease or roaming at large or unrestricted, to enter any cemetery in the Town of Gorham, except that a service animal providing assistance to a person with disabilities may enter a cemetery.
Section 7. Violation and Penalty
Except as otherwise provided by State law, anyone found guilty of violating any provision of this ordinance shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) to be recovered for the use of the Town of Gorham and shall be subject to such other legal and equitable remedies as may be available to the Town. Each day such violation continues shall be deemed to be a new offense.
7 yeas.
Item #6638. Moved by Councilor Dugas, seconded by Councilor Hamblen ORDERED that the Town Council authorize the issuance of a Class A Lounge Liquor License in the name of Richard Z. Thang, d/b/a Ocean Gardens. 7 yeas.
Item #6639. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council authorize the issuance of a Golf Club Liquor License in the name of Mark G. Fogg, d/b/a Grill Room at Gorham Country Club. 7 yeas.
Item #6640. 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 ordinance amendment by deleting the words “in an existing building or structure” from the first paragraph. 7 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council forward a proposal to amend Chapter IV, Site Plan Review, Section 11 (B) of the Land Use Code, as proposed, to the Planning Board for Public Hearing and their recommendation. 7 yeas.
Item #6641. Moved by Councilor Justice, seconded by Councilor Hamblen and ORDERED that the Town Council refer a proposal to develop a new zoning district in South Gorham, that was previously considered by the Town Council on October 2, 2001, and comments received from Friends of South Gorham, dated July 12, 200, to the Ordinance Committee to develop a new proposal for the Council to consider. 5 yeas. 2 nays (Loveitt and Willett).
Prior to the above vote a motion by Councilor Willett, seconded by Councilor Loveitt to table action regarding this item failed of passage. 2 yeas. 5 nays (Hamblen, Robinson, Phinney, Justice and Dugas).
Item #6642. Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED Ordered that the following be appointed as Wardens and Ward Clerks for their respective wards for the June 11, 2002 State Primary Election and the Gorham Special Referendum Election:
Warden Ward Clerk
Ward 1 Nancy Hawkes Rose Phinney
Ward 2 Patricia Clay Janice Edwards
Ward 3 Linda Deering Laurel Smith
7 yeas.
Item #6643. Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the polls be open for the June 11, 2002 State Primary Election and the Gorham Special Referendum Election between the hours of 7:00 a.m. and 8:00 p.m. 7 yeas.
Item #6644. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Registrar of Voters be in session between the hours of 8:30 a.m. and 4:30 p.m. on Wednesday, June 5, 2002; 8:30 a.m. to 6:30 p.m. on Thursday, June 6, 2002 and 7:30 a.m. to 4:30 p.m. on Friday, June 7, 2002 for the purpose of registering citizens to vote and correcting the voter list. 7 yeas.
Item #6645. Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED that the Town Council appoint Robert Petitt to the Gorham Economic Development Corporation for a one year term, said term to expire April 1, 2003. 7 yeas.
Moved, seconded and VOTED to waive the rules to take up an item not on the agenda. 7 yeas. (For purposes of continuity the action taken under Item #6647 will be shown in its proper consecutive order.)
Item #6646. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that pursuant to Title 1, M.R.S.A., Section 405 (b) (D), the Town Council go into executive session to deliberate on proposed labor contracts. 7 yeas.
Item #6647. Moved by councilor Willett, seconded by Councilor Hamblen and ORDERED that the Town council accept a bequest from the Estate of Berenice F. Parker in the principal amount of $10,000 to be used to establish the “Charles F. Parker Fund” for the benefit of the Baxter Memorial Library. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn. 7 yeas. Time of adjournment - 10:15 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
