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09/02/2003 Minutes
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL

September 2, 2003


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

Roll Call of Council:  Present:  Chairman Phinney:  Councilors Loveitt, Robinson, Justice, and Willett; David Cole, the Town Manager and Brenda Caldwell, the Town Clerk.
                                 Absent:  Councilors Dugas and Hamblen

Moved by Councilor Justice, seconded by Councilor Robinson and VOTED to approve the Minutes of the August 5, 2003 regular meeting as printed and distributed.  5 yeas.

There were no public communications.

        Councilor Loveitt reported on a meeting with Ledgewood Contractors on the new community building.  He also asked to have an item on the October agenda regarding the right turn lane on Mechanic Street.

        Councilor Willett reported for the Finance/Personnel Committee regarding a recent meeting with Fire Chief Lefebvre.

        Councilor Robinson reported that he has received several calls regarding the delay in opening of the new middle school.  He explained that originally the school was supposed to be open on January 1 and that the work is actually ahead of schedule.

        Chairman Phinney reported that school started today in Gorham and requested that people drive especially carefull.  He also wished Councilor Dugas a quick recovery from his recent surgery.

        The Town Manager
       The meeting recessed for a public hearing on  an application for a Combined Massage Establishment/Massage Therapist License in the name of Carolyn D. Parker d/b/a Gorham Pines Massage Therapy.  There was no public comment and the hearing closed at 7:14 p.m.

Item #6845.  Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council authorize the issuance of a Combined Massage Establishment/Massage Therapist License in the name of Carolyn D. Parker d/b/a Gorham Pines Massage Therapy.  5 yeas.

The meeting recessed for a public hearing on an application for a Class II Victualer
Item #6846.  Moved by Councilor Willett, seconded by Councilor Loveitt and ORDERED that the Town Council authorize the issuance of a Class II Victualer
The meeting recessed for a public hearing on an application of Gerard Zarrilli d/b/a Sierra
Item #6847.  Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council authorize the issuance of a Class I Victualer
Item #6848.  Moved by Councilor Willett, seconded by Councilor Loveitt and ORDERED that the Town Council authorize the Parks and Conservation Commission to submit an application to the Maine Forest Service for a Project Canopy Grant for a $1,000 grant with $1,400 of local match with the Parks and Conservation Commission responsible for administration, record keeping and compliance.  5 yeas.

       Item #6849.  Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town Council authorize the submittal of a five (5) year work plan in compliance with the National Environmental Pollution Discharge Elimination System, phase II requirements, which is a Federal mandate, to the Maine Department of Environmental Protection, as presented.  5 yeas.

Item #6850.  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 Willett and VOTED that

WHEREAS, the Gorham School Committee has received Department of Education Approval for a Revolving Renovation Fund Loan in the amount of $46,543 for work that has been completed and paid for relating to the Village Elementary School roof replacement and structural work and the Gorham High School roof replacement and structural work; and

WHEREAS, the Maine Department of Education has agreed to forgive $27,228 of the total $46,543 loan amount approved, with the Town to be responsible to repay $19,315 of the total loan amount either in full at the time of loan closing or over a 5 year term with no interest to be charged;

NOW, THEREFORE, BE IT ORDERED that the borrowing of up to $46,543 by the Town pursuant to the State of Maine
Item #6851.  Moved by Councilor Justice, seconded by Councilor Robinson and ORDERED that the Town Council refer a proposed sign ordinance to the Planning Board for public hearing and their recommendation.  5 yeas.

Item #6852.  The order, as read aloud by the Clerk, was moved by Councilor Justice and seconded by Councilor Loveitt.  Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED to amend the proposed order by adding “for the enlargement or replacement”.  4 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 I, Section II (4) Nonconformance of the Land Use and Development Code, to allow for the enlargement or replacement of a nonconforming single family structure, provided the enlargement or replacement is not more nonconforming, to the Planning Board for public hearing and their recommendation.  5 yeas.

Item #6853.  Moved by Councilor Justice, seconded by Councilor Loveitt and ORDERED that the Town Council refer a proposal to rezone property located at the corner of lower Main Street (Route 25) and Walnut Crest Road (Map 13, lot 4) from Residential to Roadside Commercial to the Planning Board for public hearing and their recommendation.  5 yeas.

Item #6854  Moved by Councilor Justice, seconded by Councilor Loveitt and ORDERED that, pursuant to Title 36, MRSA, 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 Justice, seconded by Councilor Robinson and VOTED to deny the application for an abatement of taxes based on poverty because the applicant has sufficient income to pay her taxes and sufficient assets to contribute to the public charge.  5 yeas.

After some discussion, Chairman Phinney requested that an item be placed on the October Council agenda regarding the two tax proposals to be voted on at the November election.

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