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04/02/2002 Minutes
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL

April 2, 2002

        The meeting was opened with the Pledge of Allegiance to the Flag.

Roll Call:  Present:  Chairman Phinney:  Councilors Hamblen, Loveitt,  Justice, Robinson, Willett, and Dugas; the Town Attorney, the Town Manager and the Town Clerk.

Moved by Councilor Dugas, seconded by Councilor Willett and VOTED to approve the Minutes of the March 5, 2002 Regular Meeting and the March 19, 2002 Special Meeting as printed and distributed.  7 yeas.
        There was no public comment.

        Councilor Justice reported on a recent RWS meeting and Ordinance Committee meeting which was held March 12th.  Councilor Robinson reported on a March 20, 2002 luncheon with the Gorham Business and Civic Exchange, the Police Department rewards dinner held on March 24th and that he attended the Baxter Library ground breaking ceremony on March 30th.   He also clarified that the construction at the library will not stop if the referendum should fail in June but would continue as funds were available.  Councilor Loveitt congratulated Councilor Justice on his service as the Chairman of RWS, congratulated Assistant Fire Chief Fred Lamontagne who was recently appointed Fire Chief in the City of Portland and asked for a report on the flag pole at Phinney Park.  The Town Manager reported that the flag pole should be installed within the next couple of weeks.

        Chairman Phinney reported that the roads posted for the winter in Gorham are no longer posted.

        The Town Manager reported that he has recently presented five-year service pins to Beth Parker, Linda Duplessie, Penny Overton and Mike Coffin; a ten-year pin to Jeri Sheldon and a 15-year pin to Bob Lefebvre.  He also reported that sewer lines on Main Street will be replace during the next few weeks and areas of Route 25 and 202 will be being paved.  He reported that the Town has ordered 400 home composters and that over 300 have been sold to date.  The Town will continue to take orders as long as there are home composters available.

        The Town Manager introduced John Taylor, Student Events Coordinator at USM who informed the Council that on April 19, 2002 a charitable event for the Barbara Bush Children
        The Town Manager presented the proposed budget for fiscal year 2002-2003 to the Council and announced the dates for the workshops on the various town accounts.

        The Town Manager then gave a review of options regarding obstructions of public easements.  After some discussion regarding the definition of an obstruction the Chairman declared that the staff would set up a Council special meeting and site walk for Saturday, April 13, 2002 at 9:00 a.m. to view the air strip at Rust Road.

Moved by Councilor Loveitt, seconded by Councilor Willett and VOTED to waive the Rules to add an Item to the agenda.  7 yeas.  (For purposes of continuity the action taken under Item #6331 will be reported on in its proper consecutive order.)

The meeting recessed for a public hearing on a Victualer
Item #6317.  Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council authorize the issuance of a Victualer
The meeting recessed for a public hearing on a Victualer
Item #6318.  Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town council authorize the issuance of a Victualer
The meeting recessed for a public hearing on a proposed amendment to the Streets and Sidewalks Public Safety Ordinance, Schedule A, regarding no parking on Johnson Road (from Main Street to Gray Road) and on a section of School Street.  There was no public comment and the hearing closed at 7:56 p.m.

Item #6319.  The order, as read aloud by the Clerk, was moved by Councilor Dugas, seconded by Councilor Willett.  

Moved by Councilor Willett, seconded by Councilor Dugas to divide the question.  7 yeas.

Moved by Councilor Willett, seconded by Councilor Dugas and VOTED to postpone action regarding Johnson Road and that a letter be drafted to the neighbors on Johnson Road asking them to submit any comments.  7 yeas.

Moved by Councilor Willett, seconded by Councilor Hamblen and VOTED that

       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 Schedule A of the Streets and Sidewalks Public Safety Ordinance by adding the following:

School Street (Route 114)       The east side of School Street from a point 280 feet north of Church Street and continuing to the Urban Compact line.  7 yeas.

Prior to the above votes a motion by Councilor Willett, seconded by Councilor Dugas to postpone action on this item to the May meeting FAILED OF PASSAGE.  0 yeas.  7 nays.     

Item #6320.  Moved by Councilor Justice, seconded by Councilor Hamblen and ORDERED that the Town Council, pursuant to the bid specifications and submitted proposals, accept the bid of  R. W. Herrick to provide curbside collection of waste and recycling materials in the Town of Gorham.   6 yeas.  1 nay (Dugas).

Prior to the above vote the question was moved by Councilor Willett, seconded by Councilor Loveitt and VOTED.  6 yeas.  1 nay (Dugas).

Item #6321.  Moved by Councilor Justice, seconded by Councilor Hamblen and ORDERED that the Town Council, pursuant to the bid specifications and submitted bids, accept the bid of  Norseman  to provide recycling bins to the Town of Gorham.  7 yeas.

Item #6322.  Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council, pursuant to the bid specifications and submitted bids, accept the bid of boxes and Bags, Unlimited to supply waste disposal bags to the Town of Gorham.  7 yeas.
Item #6323.  Moved by Councilor Loveitt, seconded by Councilor Justice and ORDERED that the Town Council refer a request from the Gorham Cemetery Association to enact an ordinance to ban dogs from cemeteries in the Town of Gorham,  to the Ordinance Committee for their recommendation.  7 yeas.

Item #6324.  The order, as read aloud by the Clerk, was moved by Councilor Willett, seconded by Councilor Hamblen.  Moved by Councilor Loveitt, seconded by Councilor Justice to amend the proposed order to send the proposal to the Ordinance Committee.  6 yeas.  1 nay (Willett).

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

ORDERED that the Town council refer a proposal to amend Chapter IV, Site Plan Review, Section II (B) (2) (f) Applicability, of the land Use and Development Code, as proposed, to the Ordinance Committee for  their recommendation. 7 yeas.

Item #6325.  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 Loveitt to amend the proposed order by adding a 6. to read as follows:  To consider a turning lane to facilitate turning traffic into Hanson
The order, as amended, was then VOTED resulting in the following:

ORDERED that the Town Council authorize the Town to submit an application to PACTS and M.D.O.T. to make improvements to the Route 114/22 overlap area, as identified in the recent PACTS study in preferred alternative 2, with an estimated cost that ranges from $978,000 to $1,647,000, and

BE IT FURTHER ORDERED that, pursuant to the public hearing, the Town Council believes that the following features are very important as part of the project:

1.      A fully adequate merge lane for west-bound traffic to facilitate an orderly merge of traffic;

2.      Adequate center turn lane to facilitate left turning traffic onto Burnham Road, O
3.       Development of a right-turn lane for the westerly traveling traffic on Route 22 seeking To turn north only Route 114;

4.      Adequate paved shoulders;

5.      A left turn lane to facilitate traffic turning left from Burnham Road onto Route 22.

6.      To consider a turning lane to facilitate turning traffic into Hanson
Item #6326.  The order, as read aloud by the Clerk, was moved by Councilor Robinson and seconded by Councilor Justice.  Moved by Councilor Loveitt, seconded by Councilor Robinson to amend the proposed order by substituting the wording to “Ordered that the Town council remove a restrictive designation on a parcel of land off South Street (Tax Map 21, Lot 10), the estate of Harvey Sawyer, which limits the use of said land to right-of-way purposes for a future bypass, said lot is part of a larger land area so designated by the Town Council on October 24, 2000.  7 yeas.

The order, as amended, was then voted and FAILED OF PASSAGE.    3 yeas.  4 nays (Dugas, Phinney, Willett and Hamblen).

Item #6327.  Moved by Councilor Willett, seconded by Councilor Robinson and ORDERED that the Town Council appoint those persons recommended by the Appointments Committee to positions as follows:

BOARD OF TRUSTEES
Christopher Barstow                             3 year term expiring April 1, 2005

ECONOMIC DEVELOPMENT CORPORATION

Alan Rust                                       2 year term expiring April 1, 2004

FAIR HEARING BOARD

Carolyn Bowen                                   2 year term expiring April 1, 2004
7 yeas.

Item #6328.  Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that, pursuant to Title 21-A, Section 503 M.R.S.A., the following be appointed to serve as Election Clerks for two-year terms which shall expire May 1, 2002:

Ward #1
Ward #2
Ward #3
BE IT FURTHER ORDERED that the following shall be appointed to serve as Alternative Election Clerks:

        DEMOCRATS

        Chris Barstow
        Rebecca Barstow
        Edward Needham
        Harold Parks
        Sandra Franklyn
        Jeanette Gould
        Sarah Rioux
        Ethel Robillard
        Peggy A. Douglass
        Carol Gordon
        Coleen Hoyt
        Rose Irving
        Nancy Banner
        Judith Stevens
        Rita Willis
        Mary L. Fraser
        Anita Smith
        Susan Smyth

        REPUBLICANS

Emma Gilman
Nancy Hawkes
Althea Irish
Theresa LaMontagne
Janice Peniuk
Rose Phinney
Sara Childs
Allison Edwards
Janice Edwards
Mary Golden
Madelyn Hunt
Gladys Carter
George Deering
Linda Deering
Kristin Smith
Laurel Smith
Virginia T. Williams
Lawrence Wright
Allene B. Bowler
Linda Frinsko
Janice Labrecque
Joanne Webb
7 yeas.

Item #6329.  Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED that

WHEREAS, the Town Council has identified the expansion of the Gorham Industrial Park as a very high priority for the Town; and

WHEREAS, the expansion of the Industrial Park is anticipated in the short term;

NOW, THEREFORE, BE IT RESOLVED, that the viewscape along Route 25 in East Gorham is of concern to the Town.

All efforts shall be made to foster careful land planning so as to gain maximum benefit from the lots abutting Route 25.  Development of these frontage lots shall be encouraged to include large parcels and commerce and industry of a greater scale with visual appeal.

A coordinated approach to all frontage land along Route 25 shall be made to create a homogeneous and appealing atmosphere so as to foster solid economic growth while maintaining the pleasing gateway effect as noted in the Town
BE IT FURTHER RESOLVED that this Resolution shall be brought to the attention of all Boards, Committees, and Department in the Town of Gorham.  5 yeas.  2 nays (Justice and Robinson).

Item #6330.  Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the Town Council issue the 2002 Warrant for Prosecuting Unlicensed Dog Owners-Keepers to Wilmont R. Southworth, Jr.  7 yeas.

Item #6331.  Moved by Councilor Loveitt, seconded by Councilor Justice and ORDERED that the Town Manager, on behalf of the Town of Gorham, is authorized to execute a release of a turnaround easement obtained from Dennis P. and Cynthia C. Crowe, dated October 17, 1988 and recorded in Book 8569, Page 86, Cumberland County Registry of Deeds, said easement located on Water Street, to Lavalley Lumber Co., LLC because the Town does not use or need this easement.  7 yeas.

Moved by Councilor Justice,  seconded by Councilor Dugas and VOTED to adjourn.  7 yeas.  Time of adjournment  - 9:25 p.m.

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