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01/08/2002 Council Minutes
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL

January 8, 2002

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

Roll Call:  Present:  Chairman Phinney:  Councilors Hamblen, Loveitt,  Justice, Willett, and Dugas; the Town Manager and the Town Clerk.
             Absent:  Councilor Robinson
                             
 Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to approve the Minutes of the December 4, 2001 Regular meeting.  6 yeas.

There was no public communications

Councilor Loveitt reported that there will be a meeting of the Route 114/22 Study Committee tomorrow morning.

There was no Chairman
The Town Manager reported that the Files Road Bridge has been posted for a 3 ton limit.

The Council went into recess for a workshop with representatives of the Maine Department of Transportation and HNTB to review the Gorham Bypass Study.

After the presentation the meeting reconvened at 7:50 p.m.

Moved by Councilor Loveitt, seconded by Councilor Dugas and ORDERED that the Council hold a Special Meeting on January 15, 2002 at 7:00 p.m. to include a public hearing on the subject of the various by-pass alternatives presented to us by the DOT and,

BE IT FURTHER ORDERED that an action item be also scheduled for said meeting.  6 yeas.

Item #6578.  Moved by Councilor Justice, seconded by Councilor Dugas to amend the order as moved and seconded at the previous meeting to substitute the wording in Option 1 of the memo of the Town Manager dated December 21, 2001.  5 yeas.  1 nay (Willett).

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

ORDERED that the Town Council call a public hearing for March 5, 2002 at 7:00 p.m. for the purpose of considering a condemnation order to acquire the westerly half of an old range road as shown on a Boundary Survey by Titcomb Associates, dated May 16, 2001, and made for Patrick J. and Susan E. Smith, beginning at its intersection with Phinney Street, thence running northerly a distance of 730 feet and a parcel of land described in an easement deed from Arnold Smith to the Town of Gorham dated June 22, 1988 and recorded in the Cumberland County Registry of Deeds, Book 8429, Page 1269.  5 yeas.  1 nay (Willett).

Prior to the above vote a motion by Councilor Hamblen, seconded by Councilor Dugas to move the question FAILED OF PASSAGE.  2 yeas.  4 nays (Justice, Willett, Phinney and Loveitt).

Likewise a motion by Councilor Loveitt to amend the proposed order by substituting option 2 FAILED due to lack of second.  

The Chairman declared a short recess.  The meeting reconvened at 9:05 p.m.

The meeting recessed for a public hearing on a combined Massage Establishment License and Massage Therapist License in the name of Hillary J. Dorr, d/b/a Kneaded Time Therapeutic Massage.  There was no public comment and the hearing closed at 9:10 p.m.

Item #6582.  Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council authorize the renewal of a Massage Establishment License and Massage Therapist License in the name of Hillary J. Dorr, d/b/a Kneaded Time Therapeutic Massage.  6 yeas.

The meeting recessed for a public hearing on a proposed amendment to Chapter IV, Site Plan Review, of the Gorham Land Use and Development Code, which modifies the review process for the establishment of new nonresidential uses even if no buildings or structures are proposed.  One person spoke from the public and the hearing closed at 9:15 p.m.

Item #6583.  Moved by Councilor Loveitt, seconded by Councilor Hamblen and VOTED that

WHEREAS, there have been non-residential applications to change the use of a structure from a permitted use to another different use that was still a permitted use, and

WHEREAS, the change from one permitted use to another permitted use still requires a minor or major site review, consuming time, and

WHEREAS, there are applications where the change from one permitted use to another permitted use is so minor and insignificant in its surrounding impact that a faster processing of applications is deemed to be in the public
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 Chapter IV, Site Plan Review, of the Gorham Land Use and Development Code, to modify the review process for the establishment of new nonresidential uses even if no buildings or structures are proposed.

1)  Chapter IV of the Land Use and Development Code be amended as per the attached.  6 yeas.

The meeting recessed for a public hearing on a proposal to initiate a pay-per-bag curbside household trash collection and curbside collection of recyclable material program.  Two people spoke from the audience, both strongly in favor of encouraging recycling.  The hearing closed at 9:40 p.m.

Item #6584.  Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town Council authorize the Town Manager to initiate preliminary steps to develop bid documents and continue planning to initiate a pay-per-bag curbside household trash collection and curbside collection of recyclable material program, and

BE IT FURTHER ORDERED that the Town Council call a public hearing for February 5, 2002, to provide the public with another opportunity to comment on this proposal.  6 yeas.

Item #6585.  Moved by Councilor Dugas, seconded by Councilor Hamblen and ORDERED that the Town Council abate $1,104.90 real estate taxes for Account P1710R for the Town
Item #6586.  Moved by Councilor Hamblen, seconded by Councilor Willett and ORDERED that the Town Council appoint Sarah Coombs to the Recycling Committee for a term to expire April 1, 2004.  6 yeas.

Item #6587.  Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED that the Town Council authorize the Town manager, on behalf of the Town of Gorham, to sign a license agreement with the American Society of Composers, Authors and Publishers, as presented.  5 yeas. 1 nay (Hamblen).

Item #6588.  Moved by Councilor Loveitt, seconded by Councilor Willett and ORDERED that the Town Council authorize the Town manager to submit an application to the Maine Department of Transportation to reconstruct and make improvements to the intersection of Huston Road and Route 114.  6 yeas.

Item #6589.  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 (b) (c) to discuss the acquisition of property.  6 yeas.

Moved by Councilor Justice,  seconded by Councilor Dugas and VOTED to adjourn.  6 yeas.  Time of adjournment  - 10:15 p.m.

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