 |
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
November 11, 2003
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of 2002-2003 Council: Present: Chairman Phinney: Councilors Loveitt, Robinson, Justice, Dugas, Hamblen and Willett; David Cole, the Town Manager and Brenda Caldwell, the Town Clerk
Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to approve the Minutes of the October 7, 2003 meeting as printed and distributed. 7 yeas.
Joseph Diamond spoke from the public expressing concern about a business who he feels is violating the law.
There were no Councilor communications.
Chairman Phinney had no report
The Town Manager reported that he has recently presented a 10-year service pin to Angela Fall of the Code Enforcement Office and a 5-year service pin to Bill Stevens of Public Works. He also introduced Bill Hoffman who spoke on the traffic light at South Street and Weeks Road. Mr. Hoffman was joined by Peter Hedrick during the discussion. They both reassured the Council that the lights have been reset and that they will continue to monitor them on a day-to-day basis.
The Clerk reported on the recent election. 5889 people voted and this vote resulted in Matthew Robinson and Calvin Hamblen being elected to three-year terms on the Council and James Hager and Rose Marie South being elected to three-year terms on the School Committee.
The Town Clerk swore newly-elected Councilors Matthew Robinson and Calvin Hamblen into office.
Roll Call of 2003-2004 Council: Present: Councilors Phinney, Loveitt, Robinson, Justice, Dugas, Hamblen and Willett.
The Clerk, acting in the capacity of Chairman Pro Tempore, conducted the election for Chairman.
Item #6874. Moved by Councilor Willett, seconded by Councilor Hamblen and VOTED to elect Burleigh Loveitt Chairman of the Council for the 2003-2004 year. 7 yeas.
Prior to the above vote it was moved by Councilor Justice, seconded by Councilor Willett and VOTED to close nominations. 7 yeas.
Chairman Loveitt took over the gavel and conducted the remainder of the meeting. He also thanked Councilor Phinney for his two years of service as Chairman.
Item #6875. Moved by Councilor Justice, seconded by Councilor Willett and VOTED to elect Matthew Robinson as Council Vice-Chairman for 2003-2004. 7 yeas.
Prior to the above vote it was moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to close nominations. 7 yeas.
Item #6876. Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the following be elected to serve on the following Council committees for 2003-2004 with the first named as Chairman of the Committee:
1. Finance Committee - Calvin Hamblen, Chairman; Matthew Robinson and Philip Dugas
2. Ordinance Committee - Michael Phinney, Chairman; Jane Willett and Norman Justice
3. Appointments/Personnel Committee - Philip Dugas, Chairman; Jane Willett and Calvin Hamblen
4. Economic Development/Capital Improvements -Matthew Robinson, Chairman; Michael Phinney and Norman Justice
5. Representative to COG - Burleigh Loveitt
6. Ad Hoc Representative to the Recreation Advisory Board - Matthew Robinson
7. Ad Hoc Representative to the Cable TV Committee - Matthew Robinson
8. Regional Waste Systems representative - Burleigh Loveitt 7 yeas.
Item #6877. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council adopt by reference the same Council Rules as were adopted for the year 2002-2003, as amended, as the Council Rules for the year 2003-2004. 7 yeas.
Unfinished Business
Item #6858 Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive the Rules and the Clerk reading aloud the proposed order. 7 yeas. The order, as previously moved, seconded and amended was then brought to the floor.
Moved by Councilor Robinson, seconded by Councilor Justice and VOTED to amend the proposed order by changing the October date to November 11, 2003. 7 yeas.
The order, as amended, was then VOTED resulting in the following:
WHEREAS, the Town of Gorham is continuing to experience 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 costs of new infrastructure and capacities needed to service said development, and
WHEREAS, the Town wants to ensure that existing property owners are not unfairly subsidizing development, and
WHEREAS, the requirement for subdivisions to set aside active recreation land or pay a fee has been an effective but limited growth management tool that would be replaced by a more comprehensive regulation that would better serve the entire community,
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 as recommended by the Planning Board.
Ordinance Amending Chapter VII, Impact Fees, Section III and Chapter III, Subdivisions, Section III (c) of the Land Use and Development Code
1) Amend Chapter VII, Section I, D. Impact Fee Accounts by adding the following to the list of impact fee accounts:
“2) Recreational Facilities and Open Space Impact Fee”
2) Amend Chapter VII, Section III to read as follows:
“Section III Recreational Facilities and Open Space Impact Fee
A. DESCRIPTION OF THE IMPROVEMENTS
The Town is planning to expand the recreational facilities in the community to serve the needs of a growing population. The Town will use the revenue generated from the recreational facilities portion of this impact fee to undertake the following improvements to expand the supply of community-wide outdoor recreation facilities:
1) Continue to develop the so-called Chick Property as a multi-purpose community recreational complex substantially in accordance with the June 2001 Feasibility Study conducted by DeLuca-Hoffman Associates and the Chick Property Master Plan approved by the Town Council on June 6, 2000.
2) Undertake Phase 2 of the recreational facilities development at the new Gorham Middle School as outlined in the conceptual site plan for that facility.
3) Prepare a master plan for the reuse and development of the Weeks Road property and a Master Plan for the so-called Gorham Savings Bank property and then begin to develop recreational facilities in accordance with the approved Master Plans.
4) The open space portion of the impact fee will be used to acquire land, conservation easements and or/development rights, and improve conservation land to protect significant natural resources, conserve scenic values, preserve the community
B. NEED FOR THE IMPROVEMENT
The need for community recreation facilities, parks, and open space is a function of the size of the community
The Town has 0.0127 acres of park and recreation land per capita as of May 2003. The recreational facilities portion of the fee is designed to allow the Town to maintain the current ratio of land and park and recreational facilities as the population grows and creates the need for the expanded facilities.
Gorham has a total of 622 acres of community open space or a ratio of 0.0438 acres of community open space per capita as of May 2003. The open space portion of the fee is designed to allow the Town to maintain this ratio as the Town
c. ACTIVITIES SUBJECT TO THE FEE
Any residential development activity that creates new dwelling units shall pay this impact fee based upon the expected population of the project considering typical occupancy rates. The following occupancy factors shall be used as a base for calculating the fee:
Single family dwellings and mobile homes 3.2 people/unit
Dwelling unit in a two-family or multi-family dwelling with:
a. one bedroom 1.2 people/unit
b. two bedrooms 2.0 people/unit
c. three or more bedrooms 3.0 people/unit
Dwelling unit in elderly or congregate 1.2 people/unit housing
This fee shall apply to the construction of any new dwelling unit whether or not such unit is part of a subdivision. It shall apply to conversion or alteration of an existing building that creates or increases the number of dwelling units in the building. In the case of a development activity that increases the number of dwelling units in a building, the impact fee shall apply only to the new dwelling units.
d. CALCULATION OF THE FEE
The recreational facilities and open space impact fee is the sum of the per capita cost of providing additional recreational facilities and the per capita cost of providing additional open space multiplied by the anticipated number of residents in the dwelling unit. The adjusted per capita recreational facilities fee is $457 (see Impact Fee Methodology dated June 16, 2003). The adjusted per capita open space facilities fee is $79. Combining the two portions of the fee results in an impact fee of $536 per capita.
1) The impact fee per dwelling unit for the following types of residential units shall be:
A single family dwelling including a $1,715
manufactured or modular housing unit placed
on a single-family lot, a mobile home or
manufactured housing unit in a mobile home
park, or a detached condominium unit
A dwelling unit in a two-family or multi-family dwelling including attached condominium units with:
a. one bedroom $643
b. two bedrooms $1,072
c. three or more bedrooms $1,608
A dwelling unit in elderly or congregate $643
housing
2) For any other type of residential use or where the application of the fee schedule is unclear, the Planning Board shall determine the applicable fee based upon the number of occupants that would be typically expected to live in the dwelling unit and the impact fee of $536 per capita.
3) In the situation where the number of dwelling units in an existing building is being increased, the impact fee due shall be the difference between the impact fee that would be due based upon the proposed utilization of the building minus the fee that would have been charged based upon the utilization of the building prior to the change.
e. EFFECTIVE DATES
notwithstanding the provisions of 1 M.R.S.A. §302 or any other law, this ordinance, when enacted, shall govern any plan or application for approval or permits under the Land Use and Development Code submitted on or after November 11, 2003, and any such plan or application submitted before that date, but which had not received at least one substantive review, within the meaning of §302, on or before that date, by the Town board or official having authority to grant any such permit or approval.
3) Amend Chapter III, Section III. C. as follows:
“3) Every subdivision shall be responsible for providing open space and recreational land and facilities to meet the additional demands created by the residents of the subdivision. This requirement shall be met by the payment of a Recreational Facilities and Open Space Impact Fee in accordance with Chapter VII.
4) The requirements of this paragraph shall apply if an applicant chooses to create open space and/or recreational land and facilities within the subdivision in addition to paying the impact fee. The reserved land shall remain private property owned in common by a homeowners association and must be of suitable dimension, topography and general character for the proposed use and must be reasonably accessible and open to use by residents of the development and may, at the applicant
a) Land Improvements: The applicant shall improve the land according to the proposed use of the land and the requirements of the Planning Board.
b) Owners Association: The Planning Board shall require as a condition of approval for any subdivision with common recreational land and facilities and/or open space, that the lot owners form a homeowners association by written agreement to provide for the perpetual care of the recreation land and shall specify the rights and responsibilities of each lot owner with respect to the repair and maintenance of the land reserved for recreational or open space purposes. The homeowneralso contain a provision that allows the Town, at its option, to repair and maintain this land and charge the costs to the lot owners through the homeowners association in the event that the association fails to maintain the property as agreed, after the Town has first provided reasonable notice and an opportunity to cure.
4) Delete Chapter III, Section III. C. 4.c. in its entirety.
5 yeas. 2 nays (Loveitt and Hamblen).
Item #6859. Moved by Councilor Willett, seconded by Councilor Phinney and VOTED to waive the Rules by not having the Clerk read aloud the proposed order. 7 yeas.
Moved by Councilor Willett, seconded by Councilor Phinney and VOTED to postpone action on this item until such time as the Ordinance Committee as reviewed the Item and is ready to make a recommendation. 7 yeas.
New Business
The meeting recessed for a public hearing on a proposed revision to the Streets and Sidewalks Public Safety Ordinance. Jack McGraw spoke from the public and presented a letter to the Council requesting other changes. There was no other public comment and the hearing closed at 8:18 p.m.
Item #6878. The order, as read aloud by the Clerk, was moved by Councilor Justice and seconded by Councilor Dugas. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to postpone action on this item to the December meeting and to ask the Ordinance Committee to consider Mr. McGraw
The meeting recessed for a public hearing on a proposal to amend the Town
Item #6879. Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED that
WHEREAS, the Town of Gorham General Assistance Rules and Regulations needs to be updated from time to time to reflect change in laws and maximum levels of assistance,
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 Revising the General Assistance Ordinance
1) The General Assistance Ordinance shall be revised as per the attached. 7 yeas.
Item #6880. A motion by Councilor Dugas, seconded by Councilor Phinney to refer a request from Lenny Holmes to do a contract zone on the property located at 20 Hutcherson Drive to allow a basketball recreational facility in an Industrial Zone, to the Planning Board for public hearing and their recommendation FAILED OF PASSAGE. 0 yeas. 7 nays (Hamblen, Robinson, Phinney, Loveitt, Willett, Justice and Dugas).
Item #6881. A proposed order to refer a proposal to amend Chapter III, Subdivisions, Section III, Preliminary Plan (c) (4) of the Land Use and Development Code by adding a new paragraph d. that clarifies the use and refund of collected fees, to the Planning Board as proposed for public hearing and their recommendation FAILED OF PASSAGE DUE TO NO MOTION OR SECONDING ACTION.
Item #6882. The order, as read aloud by the Clerk, was moved by Councilor Dugas and seconded by Councilor Justice. Moved by Councilor Phinney, seconded by Councilor Dugas to amend the proposed order by changing the wording. 7 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council appropriate $11,000 from the Contingency Fund to fund an increase in standby pay for the Rescue Call Company personnel to stand by at Central Station on the midnight to 6:00 a.m. shift for the remainder of the fiscal year. 7 yeas.
Item #6883. Moved by Councilor Hamblen, seconded by Councilor Phinney and ORDERED that the Town Council sign a permit for an M.D.O.T. paving project (PIN11427)on Narragansett Street (Route 202).
7 yeas.
Item #6884. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council refer a proposal to amend Chapter III, Subdivision, Section IV, Final Plan (c) Improvement Guarantee, of the Land Use and Development Code, to the Planning Board for public hearing and their recommendation. 7 yeas.
Before the close of the meeting the Town Manager introduced Bob Burns, the new Public Works Director who was in the audience.
Moved by Councilor Justice, seconded by Councilor Phinney and VOTED to adjourn. Time of adjournment - 9:45 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
| |
