Item #6825. Moved by Councilor Robinson, seconded by Councilor Loveitt and ORDERED that the Town Council authorize the issuance of a Class IV Victualer
BE IT FURTHER ORDERED that the $10 fee for said license be waived. 6 yeas.
The meeting recessed for a public hearing on the designation of ODAT Realty Holdings, Inc. Municipal Development and Tax Increment Financing Development District and the adoption of a development program for the said Municipal Tax Increment Financing District, pursuant to the provisions of Chapter 207 of Title 30-A M.R.S.A., as amended. The proposed Municipal Development and Tax Increment Financing district consists of land located in the Gorham Industrial Park (Tax Map 12, lot 33.16) owned by ODAT Realty Holding, Inc. Tom Ellsworth, Economic Development Director spoke in favor of this district. There was no other public comment and the hearing closed at 7:55 p.m.
Item #6826. Moved by Councilor Justice, seconded by Councilor Dugas to waive the Clerk reading aloud the proposed order. 6 yeas. Prior to any discussion under this item Councilor Justice revealed that his father is associated with a company that does business with ODAT but he did not feel that would influence his vote. The Council agreed that there was no conflict of interest.
Moved by Councilor Justice, seconded by Councilor Loveitt and VOTED that
WHEREAS, the Town of Gorham is authorized pursuant to Chapter 207 of Title 30-A of the Maine Revised Statutes, as amended, to designate a specified area within the Town as a Municipal Development District and Tax Increment Financing District and to adopt a Development Program for such District; and
WHEREAS, there is a need for commercial development in the Town of Gorham; and
WHEREAS, ODAT Realty Holding, Inc. currently intends to construct a new manufacturing and office facilities within the proposed Municipal Development and Tax Increment Financing District (the “District”); and
WHEREAS, the Town anticipates and encourages further development on Tax Map 12, lot 33.16 in the Gorham Industrial Park; and
WHEREAS, there is a need to provide continuing employment opportunities for the citizens of the Town of Gorham and the surrounding region; to improve and broaden the tax base of the Town of Gorham; and to improve the general economy of the Town of Gorham, the surrounding region and the State of Maine; and
WHEREAS, the expansion will help to provide continued employment for the citizens of the Town of Gorham and the surrounding region and improve and broaden the tax base in the Town of Gorham and improve the economy of the Town of the Gorham and the State of Maine; and
WHEREAS, there is a need to encourage the expansion, improvement and continuation of business facilities through the establishment of Municipal Development and Tax Increment Financing Districts in accordance with the provisions of Chapter 207 of Title 30-A; and
WHEREAS, the Town has held a public hearing on the question of establishing the District in accordance with the requirements of 30-A M.R.S.A., Section 5253, upon at least ten (10) days prior notice published in a newspaper of general circulation within the town; and
WHEREAS, the Town desires to designate the Gorham Industrial Park Municipal Development and Tax Increment Financing District and adopt a Development Program for such District; and
WHEREAS, it is expected that approval will be sought and obtained from the Maine Department of Economic and Community Development, approving the designation of the District and the adoption of the Development Program for the District;
NOW, THEREFORE, BE IT HERE ORDERED by the Town Council of the Town of Gorham, Maine in Town Council assembled:
Section 1. The Town hereby finds and determines that:
a. At least twenty-five percent (25%), by area, of the real property within the district, as hereinafter designated, is suitable for industries sites as defined in 30-A M.R.S.A. Sec. 5252; and
b. The total area of the District does not exceed two percent (2%) of the total acreage of the Town; and the total area of all development districts within the Town (including the District) does not exceed five percent (5%) of the total acreage of the Town; and
c. The aggregate value of equalized taxable property of the District as of April 1, 2003 does not exceed five percent (5%) of the total value of equalized taxable property within the Town as of April 1, 2003; and
d. The aggregate value of municipal indebtedness financed by the proceeds from tax increment financing districts within Cumberland County, including the proposed District, does not exceed $50 million; and
e. The Town expects that the Development Program will be completed within five (5) years of the designation of the District by the Department of Economic and Community Development; and
f. The designation of the District and pursuit of the Development Program will generate substantial economic benefits for the Town and its residents, including employment opportunities, broadened and improved tax base and economic stimulus, and therefore
constitutes a good and valid public purpose.
Section 2. Pursuant to Chapter 207 of Title 30-A of the Maine Revised Statutes, as amended, the Town hereby designates the Gorham Industrial Park Municipal Development and Tax Increment Financing District, designated and described as more particularly set forth in the “Gorham Industrial Park Redevelopment District Development Program” presented at this public hearing in the form attached hereto and such Development Program is hereby incorporated by reference into this vote as the Development Program for the District.
Section 3. The Town Manager be, and hereby is, authorized, empowered and directed to submit the proposed designation of the District and the proposed Development Program for the District to the State of Maine Department of Economic and Community Development for review and approval pursuant to the requirements of 30-A M.R.S.A., Sec. 5253 (1)(F).
Section 4. The foregoing designation of the District and the adoption of the Development program for the District shall automatically become final and shall take full force and effect upon receipt by the Town of approval of the designation of the District in adoption of the Development Program by the Department of Economic and Community Development, without requirements of further action by the Town, the Council, or any other party.
Section 5. The Town Manager be and hereby is authorized and empowered, at his discretion, from time to time, to make such technical revisions to the Development Program for the District as the Department of Economic and Community Development deems reasonably necessary or convenience in order to facilitate the process for review and approval of the District by the Department of Economic and Community Development, so long as such revisions are not inconsistent with this Order or the basic structure and intent of the Development Program.
Section 6. The Town Manager be, and hereby is, authorized an directed to enter into the separate Credit Enhancement Agreement with ODAT Realty Holdings, Inc. to develop Tax Map 12, lot 33.16 in the Gorham Industrial Park, as contemplated by the Development Program, in the name of and on behalf of the Town, such agreement to be in such form and to contain such terms and provisions, not inconsistent with the Development Program, as the said Town Manager may approved, his approval to be conclusively evidenced by his execution thereof. 6 yeas.
The meeting recessed for a public hearing on the designation of R. J. Grondin & Sons, Municipal Development and Tax Increment Financing District and the adoption of a development program for said Municipal Tax Increment Financing District, pursuant to the provisions of Chapter 207, Title 30-A M.R.S.A., as amended. The proposed Municipal Development and Tax Increment Financing District consists of five (5 lots located in Gorham (Tax Map 12, lots 1,2,3,4,5) near the intersection of Route 25 at Bartlett Road off lower Main Street on Route 25. Tom Ellsworth, Gorham Economic Development Director spoke on behalf of this district. There was no other public comment and the hearing closed at 8:12 p.m.
Item #6827. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive the Clerk reading aloud the proposed order. 6 yeas.
The order was moved by Councilor Loveitt and seconded by Councilor Robinson. Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED to amend the proposed order by adding the following to Section 6: “up to a maximum amount of $429,064.00 in reimbursements with R.J. Grondin & Sons”. 5 yeas. 1 nay (Hamblen)
The order, as amended, was then VOTED resulting in the following:
WHEREAS, the Town of Gorham is authorized pursuant to Chapter 207 of Title 30-A of the Maine Revised Statutes, as amended, to designate a specified area within the Town as a Municipal Development District and Tax Increment Financing District and to adopt a Development Program for such District; and
WHEREAS, there is a need for commercial development in the Town of Gorham; and
WHEREAS, R.J. Grondin & Sons currently intends to develop a new Industrial Subdivision within the proposed Municipal Development and Tax Increment Financing District (the “District”); and
WHEREAS, the Town anticipates and encourages further Industrial and Commercial development on Tax Map 12, Lots 1,2,3,4 and 5; and
WHEREAS, there is a need to provide continuing employment opportunities for the citizens of the Town of Gorham and the surrounding region; to improve and broaden the tax base of the Town of Gorham; and to improve the general economy of the Town of Gorham, the surrounding region and the State of Maine; and
WHEREAS, the expansion will help to provide continued employment for the citizens of the Town of Gorham and the surrounding region and improve and broaden the tax base in the Town of Gorham and improve the economy of the Town of the Gorham and the State of Maine; and
WHEREAS, there is a need to encourage the expansion, improvement and continuation of business facilities through the establishment of Municipal Development and Tax Increment Financing Districts in accordance with the provisions of Chapter 207 of Title 30-A; and
WHEREAS, the Town has held a public hearing on the question of establishing the District in accordance with the requirements of 30-A M.R.S.A., Section 5253, upon at least ten (10) days prior notice published in a newspaper of general circulation within the town; and
WHEREAS, the Town desires to designate the Gorham Industrial Park Municipal Development and Tax Increment Financing District and adopt a Development Program for such District; and
WHEREAS, it is expected that approval will be sought and obtained from the Maine Department of Economic and Community Development, approving the designation of the District and the adoption of the Development Program for the District;
NOW, THEREFORE, BE IT HERE ORDERED by the Town Council of the Town of Gorham, Maine in Town Council assembled:
Section 1. The Town hereby finds and determines that:
a. At least twenty-five percent (25%), by area, of the real property within the district, as hereinafter designated, is suitable for industries sites as defined in 30-A M.R.S.A. Sec. 5252; and
b. The total area of the District does not exceed two percent (2%) of the total acreage of the Town; and the total area of all development districts within the Town (including the District) does not exceed five percent (5%) of the total acreage of the Town; and
c. The aggregate value of equalized taxable property of the District as of April 1, 2003 does not exceed five percent (5%) of the total value of equalized taxable property within the Town as of April 1, 2003; and
d. The aggregate value of municipal indebtedness financed by the proceeds from tax increment financing districts within Cumberland County, including the proposed District, does not exceed $50 million; and
e. The Town expects that the Development Program will be completed within five (5) years of the designation of the District by the Department of Economic and Community Development; and
f. The designation of the District and pursuit of the Development Program will generate substantial economic benefits for the Town and its residents, including employment opportunities, broadened and improved tax base and economic stimulus, and therefore constitutes a good and valid public purpose.
Section 2. Pursuant to Chapter 207 of Title 30-A of the Maine Revised Statutes, as amended, the Town hereby designates the Gorham Industrial Park Municipal Development and Tax Increment Financing District, designated and described as more particularly set forth in the “R.J. Grondin & Sons Industrial Park Tax Increment Financing Development Program” presented at this public hearing in the form attached hereto and such Development Program is hereby incorporated by reference into this vote as the Development Program for the District.
Section 3. The Town Manager be, and hereby is, authorized, empowered and directed to submit the proposed designation of the District and the proposed Development Program for the District to the State of Maine Department of Economic and Community Development for review and approval pursuant to the requirements of 30-A M.R.S.A., Sec. 5253 (1)(F).
Section 4. The foregoing designation of the District and the adoption of the Development program for the District shall automatically become final and shall take full force and effect upon receipt by the Town of approval of the designation of the District in adoption of the Development Program by the Department of Economic and Community Development, without requirements of further action by the Town, the Council, or any other party.
Section 5. The Town Manager be and hereby is authorized and empowered, at his discretion, from time to time, to make such technical revisions to the Development Program for the District as the Department of Economic and Community Development deems reasonably necessary or convenience in order to facilitate the process for review and approval of the District by the Department of Economic and Community Development, so long as such revisions are not inconsistent with this Order or the basic structure and intent of the Development Program.
Section 6. The Town Manager be, and hereby is, authorized an directed to enter into the separate Credit Enhancement Agreement up to a maximum amount of $429,064.00 in reimbursements with R.J. Grondin & Sons to develop Tax Map 12, lot 33.16 in the Gorham Industrial Park, as contemplated by the Development Program, in the name of and on behalf of the Town, such agreement to be in such form and to contain such terms and provisions, not inconsistent with the Development Program, as the said Town Manager may approved, his approval to be conclusively evidenced by his execution thereof. 5 yeas. 1 nay (Hamblen).
The Chairman declared a short recess. The meeting reconvened 9:03 p.m.
The meeting recessed for a public hearing on the designation of Gorham Sports Center, LLC, Municipal Development and Tax Increment Financing Development District and the adoption of a development program for the said Municipal Tax Increment Financing District, pursuant to the provisions of Chapter 207 of Title 30-A M.R.S.A., as amended. The proposed Municipal Development and Tax Increment Financing District consists of land located in Gorham (Tax Map 39, lot 4) off Narragansett Street (Route 202) owned or leased by Gorham Sports Center, LLC. Tom Ellsworth, Economic Development Director spoke on behalf of this district. There was no other public comment and the hearing closed at 9:06 p.m.
Item #6828. Moved by Councilor Hamblen, seconded by Councilor Dugas and VOTED to waive the Clerk reading aloud the proposed order. 6 yeas.
A motion by Councilor Loveitt, seconded by Hamblen regarding a proposal to designate a parcel of land (Tax Map 39, lot 4) off Narragansett Street (Route 202) as a Municipal Development and Tax Increment Financing District FAILED OF PASSAGE. 1 yea. 5 nays (Robinson, Loveitt, Justice, Phinney and Dugas).
The meeting recessed for a public hearing on a proposal to amend Chapter I, Section 1 (H) Contract Zoning of the Land Use and Development Code. There was no public comment and the hearing closed at 9:14 p.m.
Item #6829. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED that
WHEREAS the Land Use and Development Code has a provision for Contract Zoning to provide opportunities for unique or unusual commercial development that provides substantial public benefit while also allowing a community to adequately protect the public interest, and
WHEREAS, the Town Council believes that unique or unusual residential development could provide public benefits while also protecting the public interest, and
WHEREAS, this Contract Zoning Amendment will not allow residential housing in any zone where residential housing is not already allowed,
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 I, Section 1 (H) Contract Zoning of the Land Use and Development Code
1) Amend Chapter I, Section I.H. Contract Zoning by adding language so that subsection (1) shall read as follows:
“(b) residential development where the Town Council finds that, due to the nature or location of the proposed development, there will be significant public benefit to the community as a result of the rezoning and that such public benefit is consistent with and advances the goals and policies of the Town
All rezoning under this section shall establish rezoned areas that are compatible with the existing and permitted uses within the original zones. Contract or conditional zoning involving residential uses shall be allowed only when those residential uses are allowed by the original zoning. Nothing in this section shall authorize a rezoning, or an agreement to change or retain a zone, which is inconsistent with the Town
Item #6830. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council authorize the issuance of a Restaurant Liquor License in the name of Sierra
Item #6831. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council authorize the issuance of a Restaurant Liquor License in the name of Angelo Sotiropoulos, d/b/a Gorham House of Pizza. 6 yeas.
Item #6832. The order, as read aloud by the Clerk was moved by Councilor Justice and seconded by Councilor Loveitt. Moved by councilor Justice, seconded by Councilor Dugas and VOTED to amend the proposed order by including the ballot question in the order. 6 yeas.
The order, as amended, was then VOTED resulting in the following
ORDERED that the Town Clerk schedule a referendum vote on Tuesday, November 4, 2003 on the Narragansett School roof repair project, as shown on the attached proposed ballot question, and that the Town Clerk be further authorized and directed to schedule a public hearing on the same for Tuesday, October 7, 2003 at the Gorham High School Auditorium for 7 pm and to publish and post notices on the same as required by law, and
BE IT FURTHER ORDERED that the question on the ballot shall be as follows:
REFERENDUM QUESTION No. 1
Shall a capital expenditure for school construction purposes by the Municipal Officers of a sum of money not to exceed $400,000 be approved to replace and improve the roof of the Narragansett School in Gorham, said sum of money to be raised by the issuance of general obligation bonds and/or notes of the Town, with such dates, maturities, denominations, interest rate(s) and other details (including provisions that the bonds may be subject to call for redemption with or without premium) as said Municipal Officers shall determine? (Total estimated debt service of $_________ of which principal is $400,000, and estimated interest at ____% over __ years is $_______)
1. The entire operating costs of the project during the first two years shall be borne by revenues raised by the Town.
2. The estimated amount of the additional operating costs during each of the project's first two years is $______ for the first year and $______ for the second year.
3. The Town shall be responsible for all of the debt service attributable to the issuance of the bonds or notes under this Referendum Question No. 1.
(The School Committee recommends a "yes" vote.)
(The Town Council Recommends a "yes" vote.)
6 yeas.
Item #6833. Moved by Councilor Dugas, seconded by Councilor Loveitt and ORDERED that the Town Council refer a proposal from John Geary, representing Erick Richardson, to rezone property located at the corner of lower Main Street and Walnut Crest Road (Tax Map 13, lot 4) from Residential to Roadside Commercial, to the Ordinance Committee for their recommendation. 6 yeas.
Item #6834. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council ask the Ordinance Committee to review the Wrecker and Vehicle Towing Ordinance and recommend any appropriate adjustments. 6 yeas.
Item #6835. Moved by Councilor Justice, seconded by Councilor Loveitt and ORDERED that the Town Council refer a proposal to amend the Land Use and Development Code to implement a Recreation Facilities and Open Space Impact Fee to replace a requirement for developers of subdivisions to reserve land for active recreational purposes or pay a fee in lieu of reserving active recreation land, to the Planning Board for public hearing and their recommendation. 6 yeas.
Item #6836. Moved by Councilor Loveitt, seconded by Councilor Justice and ORDERED that the Town Council refer a proposal to amend Chapter II, Section 1 (4) of the Land Use and Development Code requiring the Developer
Item #6837. moved by Councilor Justice, seconded by Councilor Loveitt and ORDERED that the Town Council refer a proposed amendment to Chapter II, Section V (E) (4) of the Land Use and Development Code that would prohibit placing streets or roads offered for acceptance on the Town Council agenda until the Planning Board and Town Engineer have made their recommendations, to the Planning Board for public hearing and their recommendation. 6 yeas.
Item #6838. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council refer a proposal to amend Chapter II, Section V (H) of the Land Use and Development Code by clarifying the paragraph and requiring the Developer
Item #6839. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council refer a proposal to amend Chapter I, Section V of the Land Use and Development Code by adding definitions for Country Club and Golf Course, to the Planning Board of public hearing and their recommendation. 6 yeas.
Item #6840. Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED that the Town Council authorize the Town Manager to execute a contract with Ledgewood, Inc. to provide services as a Construction Manager for the project to renovate the Shaw School into a Community Center as approved by the voters on June 10, 2003. 6 yeas.
Item #6841. Moved by Councilor Justice, seconded by Councilor Loveitt and ORDERED that the Town Council vote for the slate of officers for the Maine Municipal Association for 2004, as recommended by the Nominating Committee. 6 yeas.
Item #6842. Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED that the Town Council refer a proposal to update the BOCA Building Code and the National Electrical Code used by the Town of Gorham, to the Ordinance Committee for their review and recommendation. 6 yeas.
Item #6843. 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 amend the proposed order by changing the amount from $400,000 to $347,500. 6 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council of the Town of Gorham hereby officially declares that the Town of Gorham intends to finance, on an interim basis out of funds of the Town, a portion of the costs of a new fire truck to be owned, maintained and paid for jointly with the Town of Windham to provide fire protection services to the Little Falls/South Windham areas of the two municipalities, namely an aerial platform fire truck, which is a combination fire pumper truck and fire ladder truck, as approved pursuant to a Town Referendum Election held June 10, 2003, which costs and capital expenditures are reasonably expected to be reimbursed with the proceeds of debt to be incurred by the Town of Gorham in the maximum principal amount of $347,000. This declaration is a declaration of official intent adopted pursuant to
the requirements of Treasury Regulation Section 1.150-2. 6 yeas.
Item #6844. Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED that the Town Council refer a proposal to amend Chapter II of the Land Use and Development Code by creating a new Section IX, the Provision of Public Water Supply, to the Planning Board for their public hearing and recommendations, and
BE IT FURTHER ORDERED that notwithstanding any other provisions of law to the contrary, this Ordinance, upon passage, shall be effective as of August 5, 2003. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn. Time of adjournment
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
