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10/07/2003 Minutes
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL

October 7, 2003


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

Roll Call of 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 September 2, 2003 Council meeting.  7 yeas.

        There were no public communications.

        There were no Councilor Communications

        Chairman Phinney reminded everyone about the elections to be held November 4, 2003 and how important it is for everyone to vote.

        The Town Manager also reminded citizens that it is important to vote on the State, County and Town ballots as issues of Casinos, tax reform, a county charter and the Narraganett School roof are all on the ballots.

Unfinished Business

Item #6735.  Moved and seconded at a previous meeting and ORDERED that the Town council accept Samantha Drive in the Park South Subdivision off South Street (Route 114) as a public way in the Town of Gorham, and

        BE IT FURTHER ORDERED that Samantha Drive be classified as an Urban Access Road.  7yeas

Item #6736.  Moved and seconded at a previous meeting and ORDERED that the Town Council accept Kiara Lane in the Park South Subdivision off South Street (Route 114) as a public way in the Town of Gorham, and

        BE IT FURTHER ORDERED that Kiara Lane be classified as an Urban Access Road.  7yeas.

        Moved by Councilor Loveitt, seconded by Councilor Dugas and VOTED to take Item #6868 out of order.  7 yeas.  For purposes of continuity the action taken under Item #6868 will be reported on in its proper consecutive order.

        The meeting recessed for a public hearing on the application for a Mass Gathering License in the name of Vacationland Dog Club Inc.  There was no public comment and the hearing closed at 7:25 p.m.

Item #6855.  Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town Council authorize the issuance of a Mass Gathering License in the name of Vacationland Dog Club, Inc. for May 15 and 16, 2004 at Wassamki Springs.  7 yeas.

The meeting recess for a public hearing on a proposal to update the BOCA Building Code from the 1990 to the 1999 Code.  There was no public comment and the hearing closed at 7:26 p.m.

Item #6856.  Moved by Councilor Justice, seconded by Councilor Willett and VOTED to waive the Clerk reading aloud the proposed order.  7 yeas.

The order, as printed and distributed was moved by Councilor Justice, seconded by Councilor Willett.

Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED to amend the proposed order by adding the words “This requirement could be waived upon presentation of an alternate safe and sanitary design.”  7 yeas.

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

WHEREAS, the Town of Gorham currently uses the 1990 BOCA National Building Code to encourage safe construction, and

WHEREAS, the Town wishes to stay current with industry standards to protect property and enhance the health, welfare and safety of the community, and

WHEREAS, the 1999 BOCA National Building Code reflects the industry
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Gorham, Maine in Town Council assembled that the 1990 edition of the BOCA National Building Code is hereby repealed and the following is adopted:

ORDINANCE ADOPTING THE 1999 EDITION OF THE BOCA NATIONAL BUILDING CODE

1)  There is hereby adopted for the purpose of regulating the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings, structures and their related service equipment, the 1999 BOCA National Building Code Fourteenth Edition, (the Code) published by Building Officials and Code Administrators International, Inc. except for such portions as are modified, deleted, or amended herein. The entire Code, of which three (3) copies are on file in the office of the Town Clerk, is hereby adopted and incorporated as fully as if set out at length herein. From the effective date of the Ordinance, the provisions of the Code shall be controlling within the limits of the Town of Gorham.

A.      DEFINITIONS

1.  Wherever the words “Code Official” are used in the Code, they shall be held to mean the Code Enforcement Officer of the Town of Gorham, Maine, or his duly authorized representative.

B.  INSERTIONS

1.  The following information shall be inserted in the Code:

The
C.  DELETIONS

1.  The following portions of the Code shall be deleted in their entirety:

a)       Section 120.4 Emergency Repairs

b)      Section 120.5 Cost of Emergency Repairs

c)      Section 121 Means of Appeal

d)      Chapter 27 Electric wiring Equipment and Systems

e)      Chapter 29 Plumbing Systems
D.  MODIFICATIONS

1)   The following sections of the Code shall read as follows:

a)  Section 110
b)  Section 112:3.1
c)  Section 116.4  - Violation penalties- is deleted in it
d)  Section 117.2
e)  Section 310.6
f)   Section 401.0- Special Use and Occupancy Requirements, General
g)   Section 1021.2 Height
h)  Section 1014.6 Treads and Risers is amended by deleting 7 ¾ inches and 9 inches and replacing it with 8 ¼ inches and 9 inches.

i)   Section 1205.0
j)   Section 1806.1
 6 yeas.  1 nay(Dugas).

The meeting recessed for a public  hearing on a proposal to update the National Electrical Code from the 1981 Code to the 2002 Code.  There was no public comment and the hearing closed at 7:40 p.m.

Item #6857.  Moved by Councilor Willett, seconded by Councilor Justice and VOTED to waive the Clerk reading aloud the proposed order.  7 yeas.

The order, as written and distributed, was moved by Councilor Willett and seconded by Councilor Justice.  Moved by Councilor Loveitt, seconded by Councilor Hamblen and VOTED  to amend the proposed order by striking “but does not” under definitions - Electrical Fence and add at the end of Section 9 “Fences intended for agricultural purposes are exempt from this requirement”.  7 yeas.

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

WHEREAS, the Town of Gorham currently uses the 1981 National Electrical Code to encourage safe construction, and

WHEREAS, the Town wishes to stay current with industry standards and technological change to protect their property and enhance the health, welfare and safety of the community, and

WHEREAS the 2002 National Electrical Code reflects current health and safety standards,
NOW, THEREFORE, BE IT ORDAINED  by the Town Council of Gorham, Maine in Town Council assembled that the 1981 edition of the National Electrical Code is hereby repealed and the 2002 edition of the National Electrical Code is hereby adopted with the following modifications:

1)  DEFINITIONS
              
ELECTRICAL INSPECTOR- Wherever the words “Electrical Inspector” are used in said Code, they shall be held to mean the Code Enforcement Officer of the Town of Gorham and/or his duly authorized representative.

ELECTRIC FENCE
2) MODIFICATIONS

1)      Article 80 is hereby deleted except for the following subsections 80.1, 80.3, 80.7, 80.9, 80.11, 80.17, 80.19 (A1 & 2) (B), (C), (F1 &5) (G) (H), 80.31 and 80.33. Section 80.29 is amended to insert the words “Town of Gorham” in the fifth line between the words “the” and “or”.

2)      Add a new 80.2  illumination:  All locations containing electrical panels, switch gear and controls shall have a lightning outlet provided at or near such equipment.

3)      Add a new 80.3 Adoption of Utility requirements: The Authority having Jurisdiction may, at the request of the electrical utility company, enforce the requirements as found in the Handbook of Standard Requirements for Electrical Service and Meter Installations published by Central Maine  Power, effective November 1, 1999, and as amended.

4)      Add a new 80.4 GFCI protection required: All outlets and devices that are installed in wet or damp locations shall be protected by Ground Fault Circuit Interrupters, regardless of occupancy.

5)      Add a new 80.5 Exception to the arc fault protection requirements: Arc fault protection, as required in the body of this code, is hereby amended to apply only to receptacles. Ceiling fixtures, at the electricians discretion, may be arc fault protected. Smoke detectors shall not be arc fault  protected.

6)      Add a new 80.6 Unlawful alterations to services: It shall be unlawful to breach, jump or bypass in any way any service to a building without first obtaining written permission from the electrical utility company or the authority having jurisdiction.

7)      Add a new 80.7 Removal of old wiring required: All discontinued and disconnected wiring which is not to be reused shall be removed when conditions permit.

8)      Add a new 80.8 Rule making authority: The authority having jurisdiction shall have authority, as necessary  in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations,  to interpret and implement the provisions of this code, to secure the intent thereof,  and to designate requirements applicable because of local climatic or other conditions.  Such rules shall not have the effect of waiving fire protection requirements specifically provided for in this code or of violating accepted engineering practice involving public safety.

9)   Add a new 80.9, Electric Fence Requirements: Any person proposing to erect an electrical fence within the Town of Gorham shall first obtain a permit in accordance with subsection 80-19 of this ordinance. The Electrical Inspector, prior to issuance of a permit to install an electrical fence, shall notify the Police and Fire Departments of Gorham of the location of the proposed installation. Approval from both the Fire and Police Departments shall be given before any permit to install electrified fences is granted. Electrical fences shall be posted with signs every 75 feet along the fence line facing away from the enclosed area warning that the fence is electrified. The warning sign shall be legible from a distance of at least ten (10) feet away from the electric fence.  Fences intended for agricultural purposes are exempt from this section.  (see definition of Electric Fence)
7 yeas.

        The meeting recessed for a public hearing on the referendum question to be voted on November 4, 2003 to authorize the issuance of Bonds in an amount up to $400,000 to replace and improve the roof at the Narragansett School.  The hearing closed at 8:05 p.m.

        The meeting recessed for a public hearing on a proposal to amend Chapter VII, Impact Fees, Section III and Chapter III, subdivision, Section III (c) by adopting a Recreation and Open Space Impact Fee in conjunction with eliminating a requirement to set aside improved recreational land or paying a fee within subdivisions.  Two citizens spoke on opposition to this amendment.  The hearing closed at 8:17 p.m.

        Item #6858.  Moved by Councilor Justice, seconded by Councilor Willett and VOTED to waive the Clerk reading aloud the proposed order.  7 yeas.

        The order, as printed and distributed and including the suggested amendments by the Town Manager was moved by Councilor Justice, seconded by Councilor Willett.

        Moved by Councilor Justice, seconded by Councilor Robinson and VOTED to postpone action on Item #6858 until the next regular Council meeting.  4 yeas.  3 nays (Dugas, Hamblen and Loveitt).

        Prior to the tabling action it was moved  by Councilor Robinson, seconded by Councilor Loveitt and VOTED to amend the proposed order to change the effective date from June 2, 2003 to October 8, 2003.  7 yeas.

        The order, as postponed to the next regular Council meeting, is as follows:

        
        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 the so-called Gorham Savings Bank property and then begin to develop recreational facilities in accordance with the approved Master Plan.

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 June 2, 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.  ACTION POSTPONED TO NOVEMBER MEETING.

        The Chairman declared a short recess and the meeting reconvened at 9:05 p.m.  Councilor Dugas left during the recess.

        The meeting recessed for a public hearing on a proposal to amend the Land Use and Development Code Chapter II, by inserting a new Section IX called The Provision of Public Water Supply.  There was no public comment and the hearing closed at 9:07 p.m.

        Item #6859. Moved by Councilor Willett, seconded by Councilor Justice and VOTED to waive the Clerk reading aloud the proposed order.  6 yeas.

        The order, as printed and distributed, was moved by Councilor Loveitt and seconded by Councilor Justice.

        Moved by Councilor Hamblen, seconded by Councilor Robinson and VOTED to refer this item back to the Ordinance Committee for their review and recommendation.  6 yeas.

        Councilor Willett left the meeting at 9:40 p.m.

        The meeting recessed for a public hearing on a proposal to amend the Land use and Development Code, Chapter II, Section V by requiring the Developer
        Item #6860.  Moved by councilor Justice, seconded by Councilor Loveitt and VOTED to waive the Clerk reading aloud the proposed order.  5 yeas.

        Moved by Councilor Justice, seconded by Councilor Loveitt and VOTED that

        WHEREAS, the Town of Gorham has been processing significant applications for subdivisions, private ways and site plans improvements, and

WHEREAS, the Developer has the primary responsibility for ensuring that their projects are constructed in accordance with applicable codes and approved plans, and

WHEREAS, the Developer
WHEREAS, after-the-fact enforcement of violations is very expensive and time consuming for the consumer, the municipality and the developer, and

WHEREAS, it is in the best interest of the public and municipality to have a reasonable level of assurance that property comply with appropriate Code and approval plans,

NOW, THEREFORE, BE IT ORDAIANED 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, Chapter II, Section V by Requiring the Developer
1)  Amend Chapter II, Section V, Subsection E., 4) by inserting a new b) and revising c) as follows:

“4)  b)  No street or way shall be placed on the Planning Board
c)  No street or way shall be placed on the Town Council
        Paragraph C shall become Paragraph D

2)  Amend Subsection H, Standards for Private Ways, Paragraph 6 to read as follows:

“6)  Private ways while under construction may be monitored and inspected by the Town Engineer, or a representative designated by the Town Manager or at the Town
3)  Amend Subsection I, Subdivision, Private Way and Site Construction Monitoring of Public Improvements, Paragraph 4) to read as follows:

“4)  If the Town Engineer or appointed representative shall find, upon inspection of the improvements performed before expiration date of the performance guarantee or bond, that any of the required improvements have not been constructed in accordance of plans and specifications filed by the developer, he shall so report to the Town Manager.  The Town Manager shall then notify the developer and, if necessary, the bonding company or other financial institution providing the performance guarantee, and take all necessary steps to preserve the Townspecifications, except as expressly authorized to the contrary by the Planning Board, and the developer has submitted a certification signed by the Developer
a.  public and privet roads and sidewalks,
b.  All utilities, including but not limited to, water systems, sewer systems, and electrical systems,
c.  all fire ponds
d.  all drainage structures, and
e.  any work items designated by the Planning Board as a public or quasi-public improvement.”
5 yeas.

        The meeting recessed for a public hearing on a proposal to amend the Land Use and Development Code by amending Chapter I, Definitions, by adding definitions for Country Club and Golf Course.  There was no public comment and the hearing closed at 9:42 p.m.

Item #6861.  Moved by councilor Justice, seconded by Councilor Loveitt and VOTED that
WHEREAS, the Town of Gorham has a Land Use and Development Code for regulating land use activity, and

        WHEREAS, the Code currently does not contain any definitions for Country Club or Golf Course and should be clarified,

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Gorham, Maine in Town Council assembled that the following Ordinance be and hereby is adopted.

Ordinance Amending the Land Use and Development Code Chapter I, Definitions, by adding Definitions for Country Club and Golf Course.

1)  Amend Chapter I, Section V. by adding the following definitions:

“Country Club:  Land area and buildings containing golf courses, a clubhouse, and customary accessory uses, open only to members and their guests.

Golf Course:    A tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards that may include a clubhouse and shelter.  See Country Club.  5  yeas.


Item #6862.  Moved by Councilor Justice, seconded by Councilor Robinson and ORDERED that the Town Council authorize the renewal of a Malt, Spirituous, Vinous Liquor License in the name of Sebago Brewing Company.   5yeas

Item #6863.  The order, as read aloud by the Clerk was moved by Councilor Justice, seconded by Councilor Hamblen.

Moved by  Councilor Justice, seconded by Councilor Robinson and VOTED to amend the proposed order by changing “Route 237” to “Huston Road”.  5 yeas.

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

ORDERED that the Town Council accept Sleepy Hollow Drive, located in  Stonefield subdivision off Huston Road, as a public way, and

BE IT FURTHER ORDERED that Sleepy Hollow Drive be classified as an Urban Access road.  5 yeas.

Item #6864.  The order, as read aloud by the Clerk was moved by Councilor Robinson and seconded by Councilor Lovett.

Moved by Councilor Justice, seconded by Councilor Loveitt and VOTED to amend the proposed order by adding the words “public” and “substantially in the form presented”.  5 yeas

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

ORDERED that the Town Council accept a public trail easement generally for Shaw Park to Gambo Road substantially in the form presented.  5 yeas.

Item #6865.  Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council refer a proposal to amend the Land Use and Development Code, Chapter I, Section XVII,  the Black Brook and Bracket Road Special Protection District by extending the expiration date from December 5, 2003 to April 30, 2004 to the Planning Board for Public Hearing and their recommendation.  5 yeas.

        Item #6866.  A motion by Councilor Loveitt, seconded by Councilor Justice that the Town Council 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.  5 nays (Hamblen, Robinson, Loveitt, Phinney and Justice).

Item #6867.  Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council authorize the Town Manager, on behalf of the Town of Gorham, to sign a purchase and sale agreement to acquire a small part (approximately  1117 sq. ft. more or less) at the easterly corner of Mechanic Street and New Portland Road for $5,000 for the purpose of constructing a right-turn lane, and

BE IT FURTHER ORDERED that the Town Council appropriate $26,000 from an old Route 237 Improvement Reserve Account for this land acquisition and construction project with the balance transferred to the Land Acquisition Reserve Account. 5 yeas.   

Item #6868.    Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED that

        WHEREAS, in 1984, the State imposed a new and massive state mandate that would significantly increase the cost of education for local property tax payers, and

WHEREAS, in partial recognition of this costly new mandate, the State promised to pay 55% of local education costs, and

WHEREAS, the State has never kept its promise and state cost sharing has dropped to its current low of only paying for 42%, and

WHEREAS, in 1974, the Federal Government imposed a massive unfounded Federal mandate for special education and promised that now cost local property tax payers in excess of $100 Million dollars,  and

WHEREAS, the imposed costs and broken promises by the State and Federal Government have directly resulted in significantly higher local property taxes, and

WHEREAS, the MMA developed a plan that would provide property tax relief and reform the State anticipated tax structure, and

WHEREAS, the MMA
NOW, THEREFORE, the Town council of Gorham encourages citizens to go to the polls on November 4, 2003 and vote for 1A to reduce property tax and encourage real tax reform.    7 yeas.

Item #6869.  Moved by Councilor Justice, seconded by Councilor Loveitt and ORDERED that the Town Council appoint the following as Wardens and Ward Clerks for their respective districts for the November 4, 2003 State Referendum Election and the Gorham Municipal  Election:

                Warden                          Ward Clerk

District 1      Janice Labrecque                Rose Phinney
District 2      Patricia Clay                   Janice Edwards
District 3      Linda Deering                   Laurel Smith
Central         Brenda Caldwell         Cornelia Loughran  5 yeas.

Item #6870.  Moved by Councilor Justice, seconded by Councilor Loveitt and ORDERED that the Town Council vote that the polls be open for the November 4, 2003 State Referendum Election and the Gorham Municipal Election between the hours of 7:00 a.m. and 8:00 p.m.  5 yeas

Item #6871.  Moved by Councilor Justice, seconded by Councilor Robinson and ORDERED  that the Town Council vote for the Registrar of Voters to be in session between the hours of 8:30 a.m. and 4:30 p.m. on Wednesday, October 29, 2003; between the hours of 8:30 a.m. and 6:30 p.m. on Thursday, October 30, 2003 and between the hours of 7:30 a.m. and 4:30 p.m. on Friday, October 31, 2003.      5 yeas

Item #6872.  moved by Councilor Robinson, seconded by Councilor Hamblen and ORDERED that the Town council schedule the regular November meeting for November 11, 2003.  5   yeas.

        Item #6873.  Moved by Councilor Justice, seconded by Councilor Hamblen and VOTED that, pursuant to Title 36, M.R.S.A., Section 841, the Town Council go into executive session for the purpose of hearing an application for abatement of taxes based on poverty.  5  yeas.

Moved by Councilor Loveitt, seconded by Councilor Justice and ORDERED that pursuant to Title 36 M.R.S.A., Section 841(2) the Town Council vote to grant an abatement of fiscal year 2002-03 taxes, interest and lien costs in the amount of $986.00 based on poverty for application 003-12.  5 yeas.

Moved by Councilor Hamblen, seconded by Councilor Robinson and VOTED to adjourn.  Time of adjournment
A TRUE RECORD OF MEETING                        
                                                Attest:
                                                                                                
                                                        D. Brenda Caldwell
                                                        Town Clerk