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REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
June 3, 2003
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of Council: Present: Chairman Phinney: Councilors Loveitt, Willett, Robinson, Justice and Dugas; David Cole, the Town Manager and Brenda Caldwell, the Town Clerk.
Absent: Councilor Hamblen
Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to approve the Minutes of the May 1, 2003 Special Meeting; the May 6, 2003 Regular Meeting and the May 13, 2003 Special Meeting with two changes to the May 13, 2003 special Meeting (1) change $20,000 to $200,000 on page 3 and (2) to add the vote of 5 yeas. 2 nays (Loveitt and Justice). to Item #6800. 6 yeas.
There were no public communications.
Councilor Willett reported that the Middle School project is moving along well and at the present time is 75% complete.
Councilor Robinson thanked the Gorham Times and American Journal for their articles and comments during the recent budget deliberations.
Councilor Library reported on the Library open house last Friday and Saturday and remarked on the tremendous effort of the Town Manager and the Library crew in the fund raising activities.
Chairman Phinney also remarked on the wonderful open house and ceremonies at the Library. He also reported that Robie Field had a grand reopening on Saturday morning and reminded everyone of the June 10th referendum.
The Town Manager encouraged everyone to vote on June 10th saying that there are two ballots, both state and local, to be voted on; he also expressed his appreciation to the community and the employees of Baxter Memorial Library for their support during the Library project. He reported that the Libby Avenue road project will be started shortly; that he has a two-sheet description of Governor Baldachi
Chairman Phinney reported that there will be a public hearing on the Route 114 corridor at the Standish Town Hall at 7:00 p.m. on Wednesday, June 18th.
Old Business
Item #6735 Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to postpone action on Item #6735 and #6736 to the October 7, 2003 meeting of the Council. 6 yeas.
Item #6736. See action taken under Item #6735.
Item #6796. Reconsideration of Item #6796 was withdrawn.
Item #6798. The order as moved and seconded at the May 6, 2003 meeting was VOTED resulting in the following:
ORDERED that a proposed amendment to Chapter II of the Land Use and Development Code to create a new Section IX to provide for the provision of public water supply be referred to the Planning Board for public hearing and their recommendation. 6 yeas.
New Business
The meeting recessed for a public hearing on a petition received from the residents of Winslow Road, Blackberry Lane and Country Lane to extend the public water main. Illona Feeney spoke in support of this item. The hearing closed at 7:22 p.m.
Item #6801. Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED, that the Town Council, pursuant to an abutting petition, authorize the extension of a water main on Winslow Road, Country Lane and Blackberry Lane, provided that all of the requirements of the Water Main and Fire Hydrant Extension Ordinance are met, which include several other steps that must also be authorized by the Town Council and include the establishment of a Development District pursuant to Title 30-A, M.R.S.A., Section 5221 and several referendum votes, and further requires the assessment of abutting property owners to repay the cost of the project. 6 yeas.
The meeting recessed for a public hearing on an application by the Gorham Youth Soccer Association for a Mass Gathering License. Owens McCullough spoke on behalf of this license. The hearing closed at 7:26 p.m.
Item #6802. Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council authorize the issuance of a Mass Gathering License for the Gorham Youth Soccer Association for a Mass Gathering License for a U14 Boys Road Race, and
BE IT FURTHER ORDERED that the Town Council vote to waive the fee for said License. 6 yeas.
The meeting recessed for a public hearing on the renewal of a Victualer
Item #6803. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council authorize the renewal of a Class II Victualer
The meeting recessed for a public hearing to take public testimony and comment and then consider whether to vote to take by eminent domain the real property interests, if any, of Brian D. Shaw, Dianne E. and Craig A. Reynolds, Paul J. Miller, Thomas Saturley and Hyman Gulak in a portion of that certain lot or parcel of land located in Gorham in the Riverwood Subdivision and currently shown as a portion of Lot 25.003 on Tax Map 72, being more particularly described in a deed dated March 19, 2003 and recorded in the Cumberland County Registry of Deeds in Book 19078, Page 39 and in Partridge Lane, as depicted on a plan entitled “Riverwood Subdivision,” as recorded in the Cumberland County Registry of Deeds in Plan Book 174, Page 6, and further to lay out Partridge Lane as a
town way, pursuant to 23 M.R.S.A. § 3023. Eight people spoke at this public hearing with Craig Reynolds, Diane Reynolds, Paul Miller and Murrough O
Item #6804. Moved by Councilor Justice, seconded by Councilor Loveitt and VOTED to waive the Clerk reading aloud the proposed order. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED that
WHEREAS, the Town of Gorham plans to construct a public trail connection across a portion of Lot 3 of the Riverwood Subdivision in order to connect nearby public parking facilities with MDOT
WHEREAS, the lots in Riverwood Subdivision are subject to certain restrictive covenants, which covenants place certain limitations upon the manner in which the property may be developed and used; and
WHEREAS, the Riverwood Subdivision plan contains a note prohibiting filling or construction within fifty feet of an intermittent stream in the subdivision, which regulation is not otherwise required by federal, State or local law; and
WHEREAS, the Gorham Planning Board has amended the condition imposing that note limitation now to permit the installation of a culvert to facilitate the Town
WHEREAS, the installation of the culvert will not harm the environment and will be accomplished in accordance with all law; and
WHEREAS, the installation of the culvert is the lowest-cost means of constructing the connection trail that will meet public access requirements, including those established by the Americans with Disabilities Act; and
WHEREAS, the installation of the culvert will impact a smaller area than would the installation of a bridge or other structure that did not involve construction within fifty feet of the intermittent water course; and
WHEREAS, certain neighboring property owners have filed a third civil action in State court appealing the Planning Board
WHEREAS, the construction of the connection trail will allow the Town and its citizens to fully utilize and enjoy the benefits of the adjacent MDOT Mountain Division Trail; and
WHEREAS, Partridge Lane is currently a private road serving the residents of the Riverwood subdivision; and
WHEREAS, the Town has the authority, pursuant to 23 M.R.S.A. Section 3023, to lay out and take property for public highway purposes where it determines that a public exigency exists and has the authority, pursuant to 30-A M.R.S.A. Section 3101, to take property interests for public use purposes; and
WHEREAS, the Town has determined that Partridge Lane provides the safest and most direct route to the proposed Shaw Park recreational facilities and to the proposed parking area that will support the Town
WHEREAS, the Town Council, after public hearing, has determined that the public exigency requires the immediate taking by eminent domain of certain property interests in Lot 3 of the Riverwood Subdivision owned by Brian D. Shaw, namely an easement for public access over the Town
WHEREAS, the Town Council, after public hearing, has determined that such taking is necessary for public purposes to permit he construction of the trail connection to the Mountain Division Trail and to facilitate the use of the trail by the residents of the Town; and
WHEREAS, the Town Council after public hearing has determined that the public exigency requires the immediate laying out and taking of Partridge Lane as a public way, all as more particularly described in Appendix A attached hereto and incorporated herein, for public highway purposes;
NOW, THEREFORE, BE IT ORDERED, pursuant to 23 M.R.S.A. section 3023 and 30-A M.R.S.A. section 3101, that the outstanding fee simple property interests in Partridge Lane and those certain public easement interests over a portion of Riverwood Subdivision Lot 3, both as more particularly described on the attached Appendix A be, and hereby are, taken by eminent domain, that Partridge Lane be laid out as a town way, and that this condemnation order, with the attached appendix A, be filed with the Town Clerk and an attested copy of this Order be recorded in the Cumberland County Registry of Deeds; and
BE IT FURTHER ORDERED, that an attested copy of this Condemnation Order, Appendix A and a check in the amount of $1.00 made payable to Brian D. Shaw; that an attested copy of this Condemnation Order, Appendix A and a check in the amount of $1.00 made payable to Dianne E. and Craig A. Reynolds, Mortgage Electronic Registration System, Inc. for Crescent Mortgage Services, Inc. and Pepperell Bank & Trust; that an attested copy of this Condemnation Order, Appendix A, and a check in the amount of $1.00 made payable to Paul J. Miller and Gorham Savings Bank; that an attested copy of this Condemnation Order, Appendix A and a check in the amount of $1.00 made payable to Thomas W. Saturley, and that an attested copy of this Condemnation Order, Appendix A and a check in the amount of $1.00 made payable to Hyman Gulak
shall be served on them or their representatives as payment in full of their property interest hereby acquired. 6 yeas.
Prior to the above vote the Chairman declared a short recess. The meeting resumed at 8:55 p.m.
Item #6805. Moved by Councilor Dugas, seconded by Councilor Willett and ORDERED that the Town Council authorize the renewal of a Restaurant Liquor License in the name of R. Corporation d/b/a Ocean Gardens. 6 yeas.
Item #6806. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council endorse the Tannery Brook Management Plan Project and the Tannery Brook Water Quality Improvement Project
Item #6807. Moved by Councilor Justice, seconded by Councilor Robinson and ORDERED that the Town Council refer a proposal to amend Chapter I, Section I (H), Contract Zoning, of the Land Use and Development Code to the Planning Board for public hearing and their recommendation. 6 yeas.
tem #6808. Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED that the Town Council authorize the Town Council Chairman to appoint temporary representatives to the Regional Waste System Board of Directors when a regular representative is anticipated to be absent. 6 yeas.
Item #6809. Moved by Councilor Willett, seconded by Councilor Robinson and ORDERED that the Town Council adopt the following policies as presented for the operation of Baxter Memorial Library and as endorsed by the Trustees of Baxter Memorial Library at their May 1, 2003 meeting:
1. Display and Exhibit Policy
2. Library Bulletin Boards/Handouts Policy
3. Gift/Donation Policy
4. Library Meeting Room Policy
5. Confidentiality Policy 6 yeas
Item #6810. Moved by Councilor Loveitt, seconded by Councilor Justice and ORDERED that the Town Council issue a permit for road project S7P, 1021 (300) x 1 for overlay, drainage and safety improvements for Route 114, beginning near Longview Drive and extending northwesterly. 6 yeas.
Item #6811. Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town Council rename Camp Road 2 on Kemp Road to Mallard Drive. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn. 6 yeas. Time of adjournment - 9:25 p.m.
A TRUE RECORD OF MEETING
Attest: D. Brenda Caldwell
Town Clerk
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