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REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
May 6, 2003
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of Council: Present: Chairman Phinney: Councilors Hamblen, Loveitt, Willett, Robinson, Justice and Dugas; David Cole, the Town Manager and Brenda Caldwell, the Town Clerk.
Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED to accept the Minutes of the April 1, 2003 Regular Meeting; April 8, 2003 Special Meeting and the May 1, 2003 Special Meeting as printed and distributed. 7 yeas.
David Cairns requested of the Council that he be kept informed of any plans the Town may have regarding Bartlett Road.
Councilor Loveitt expressed surprise that a site walk had been scheduled by the Planning Department at the site of the airstrip on Fort Hill Road because litigation is on-going at this time.
Chairman Phinney remind everyone of the Recreation sign up scheduled for May 7th from 5-7 p.m. in the High School cafeteria.
The Town Manager congratulated Cindy Hazelton, Recreation Director, on being recognized by her association as Recreation Director of the Year and the Haskell Award which was awarded to her. He also announced that the Grand Opening Ceremony for the new Library will be held Saturday, May 31, 2003 at 9:00 a.m. and that the second payment of property taxes is due May 15th.
Old Business
Item #6729. The order, as moved and seconded at the December 3, 2002 meeting was VOTED resulting in the following:
ORDERED that the Town Council accept Darin Drive, in Forest Estates Subdivision located off South Street (Route 114) as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Darin Drive be classified as an Urban Access Road. 7 yeas.
Item #6730. The order, as read aloud by the Clerk, was moved by Councilor Loveitt and seconded by Councilor Robinson. Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED to amend the proposed order to include Starlit Way, Polliwog Lane, and Caitlin Drive. 7 yeas.
The order, as amended, was then VOTED resulting in the following four votes.
ORDERED that the Town Council accept Quincy Drive in the Heartwood Subdivision located off South Street (Route 114) as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Quincy Drive be classified as an Urban Access Road. 7 yeas.
Item #6731. ORDERED that the Town Council accept Starlit Way in the Heartwood Subdivision off South Street as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Starlit Way be classified as an Urban Access Road. 7 yeas.
Item #6732. ORDERED that the Town Council accept Polliwog Lane in the Heartwood Subdivision off South Street (Route 114) as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Polligwog Lane be classified as an Urban Access Road. 7 yeas.
Item #6733. ORDERED that the Town Council accept Caitlin Drive in the Heartwood Subdivision off South Street as a public way in the Town of Gorham, and
BE IT FURTHER ORDERED that Caitlin Drive be classified as an Urban Access Road. 7 yeas.
New Business
The meeting recessed for a public hearing on a referendum to authorize bonds or notes in an amount not exceeding $2,400,000 to demolish the two oldest portions of the Shaw Middle School on South Street and to renovate the remaining structure to house the Superintendent of Schools office, the Town
The meeting recessed for a second public hearing on a referendum to authorize bonds or notes in an amount not exceeding $400,000 (or otherwise contractually agree to pay such an amount), as its half share, to purchase 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. There was no public comment and the hearing closed at 8:03 p.m.
The meeting again recessed for a public hearing on renewal of Victualer
Item #6791. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive the Clerk reading aloud the proposed order. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council authorize the renewal of the following Victualer
Ronald Pederson, d/b/a Gilly's Variety
David Pelletier, d/b/a Pinecrest Bed & Breakfast, LLC
C. N. Brown Co., d/b/a The Big Apple Food Store #1059
Ghulam Rabbani, d/b/a 7-Eleven 32534A
Mastoran Restaurants Incorporated, d/b/a Burger King
Vincent Nielsen , d/b/a Vinnys Concessions at Haunted Hayrides
William A. Hillock, Inc., d/b/a, Wassamki Springs
Gorham Recreation Dept at Village Concession
Gorham Recreation Dept at Gorham Family Fair
Gorham Recreation Dept at Little Falls Recreation Area Concession Stand
Gorham Recreation Dept at Robie Concession Stand
Felgar & Brenda Nicely, d/b/a Nicely's Market, Inc.
Gorham Sno-Goers at Hot Dog Wagon operating at Mighty Street
Amato's Sandwich Shops, Inc., d/b/a Amato's
Hans C. Hansen, d/b/a Hansen's Farm Market
Sub Builders Inc. d/b/a Subway
Angelo Sotiropoulos, d/b/a Gorham House of Pizza
Cumberland Farms
Marilyn O'Connor, d/b/a The Natural Grocer
T.D.B.O., Inc d/b/a Domino's Pizza
Sebago Brewing Company
Lampron Energy d/b/a Lampron Lil' Mart at Gray Road
Lampron Energy d/b/a Lampron Lil' Mart at Ossipee Trail
Gorham Distribution Center, LLC, d/b/a Dunkin Donuts
Wilfred A. Gillis, d/b/a Sweets 'N Eats
Castlebar Inc., d/b/a Mr. Bagel
Richard Jiang, d/b/a Ocean Gardens Restaurant
James F. Malia, d/b/a Beals Famous Old Fashioned Ice Cream
Gorham High School at Athletic Field
Gorham High School at Gym Concessions
Todd L. Flannery, d/b/a TNT Quickstop, LLC
Mark G. Fogg, d/b/a The Grill Room at Gorham Country Club
Hannaford Bros Co., d/b/a Hannaford Food & Drug (#350)
Alan Gorlick, d/b/a A G Ice Cream to operate in a mobile ice cream unit
Gorham PTA at Little Falls Community Center
Jennifer Cushman & Heidi McGouldrick, d/b/a Little of This, Little of That
Town of Gorham at Gorham Senior Citizens Mealsite Drop-In
Christena L. Verrill d/b/a Gorham Football Boosters, Inc.
Merritt & Fred Bennett d/b/a Bennett Allweather Paintball
7 yeas.
The meeting recessed for a public hearing on a proposal to amend the Water Main and Fire Hydrant Extension or Replacement Ordinance. One citizen spoke with a question and the hearing closed at 8:06 p.m.
Item #6792. Moved by Councilor Justice, seconded by Councilor Loveitt and VOTED
WHEREAS, the Town
WHEREAS, a revised ordinance has been developed for the purpose of promoting the general health and welfare of the 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.
Ordinance Revising the Water Main and Fire Hydrant Extension or Replacement Ordinance
1) The current Water Main and Fire Hydrant Extension or Replacement Ordinance adopted in 1975 shall be repealed and is no longer in effect.
2) The attached Town of Gorham Water Main and Hydrant Ordinance shall be adopted. 7 yeas.
The meeting recessed for a public hearing on a proposal to amend Chapter II, Section III, signs of the Land Use and Development Code, to incorporate a section of Industrial Park Identification Signs. There was no public comment and the hearing closed at 8:15 p.m.
Item #6793. Moved by Councilor Dugas, seconded by Councilor Loveitt and VOTED that
WHEREAS, the Town of Gorham has a Land use and Development Code with a section that generally regulates signs, and
WHEREAS, the Ordinance is silent regarding industrial Park Identification signs, and
WHEREAS, there is an Industrial Park in Gorham and the Town Council concludes that an attractive identification sign will assist economic development in the community and is in the public
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Gorham in Town Council assembled that the following Ordinance be and hereby is adopted.
Ordinance Amending the Land Use and Development Code to Add a Section for Industrial Park Identification Signs
1) Amend Chapter II, Section III of the Land Use and Development Code by adding the following new subsection D which shall read as follows:
“D. INDUSTRIAL PARK IDENTIFICATION SIGNS
Gorham Industrial Park Identification Signs may be located off the Industrial Park premises at the entrances of the Industrial Park on Bartlett Road and at the entrance of any new public road that accesses the Gorham Industrial Park and must be approved by the Gorham Economic Development Corporation and the Gorham Town Council.
1) Granite signs identifying the Gorham Industrial Park and accompanying decorative wall shall not exceed 120 square feet on any one side.
2) Gorham Industrial Park Directory signs may be located at intersections within the Industrial Park. 7 yeas.
The meeting recessed for a public hearing on a proposal to terminate a Contract Zoning Agreement between the Town of Gorham and Hans C. Hansen, Inc. which established Brookdale Business Park off Route 22, and to rezone the 8.28 acre parcel (Tax Map 4, lots 6.004, 6.005 and 6.006) as Rural District. There was no public comment and the hearing closed.
Item #6794. The order, as read aloud by the Clerk, was moved by Councilor Loveitt and seconded by Councilor Robinson. Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED to waive all fees that would be directly related to rezoning this property back to Rural District. 7 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council terminate the Contract Zoning Agreement between the Town of Gorham and Hans C. Hansen, Inc. which establishes Brookdale Business Park off Route 22, and
BE IT FURTHER ORDERED, that the parcel of land (Tax Map 4, lots 6.004, 6.005 and 6.006) be rezoned to the Rural District, and
BE IT FURTHER ORDERED that all fees that would be directly related to rezoning this property back to Rural District be waived. 7 yeas.
Item #6795. Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council authorize the renewal of a Malt Liquor License in the name of Mark G. Fogg, d/b/a The Grill Room at Gorham Country Club. 7 yeas.
Item #6796. Moved by Councilor Dugas, seconded by Councilor Willett and ORDERED that the Town Council accept the recommendation of the Ordinance Committee to not change the zoning in South Gorham until such time as appropriate traffic improvements are made in the area to reduce traffic congestion and facilitate the flow of traffic. 4 yeas. 3 nays (Hamblen, Robinson and Phinney).
Item #6797. Moved by Councilor Justice, seconded by Councilor Loveitt and VOTED to waive the Clerk reading aloud the proposed order. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that a public hearing be scheduled for the next Town Council meeting, to be held on Tuesday, June 3, 2003 at 7:00 p.m. at the Gorham High School Auditorium to take public comment on and then vote upon a proposed Town Council Order to take by eminent domain the interests, if any, of Brian D. Shaw, Dianne E. and Craig A. Reynolds and Paul J. Miller 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. Section 3023, and
BE IT FURTHER ORDERED that the Town Clerk be, and hereby is, authorized and directed to place an Order for the condemnation of the same on the June 3, 2003 agenda and to send notice of the public hearing on the same to Brian D. Shaw, Dianne E. and Craig A. Reynolds and Paul J. Miller and their mortgagers, and that she publish notice of the same in a newspaper of general circulation in the Town of Gorham no less than twice, with the first publication to run no less than ten (10) days prior to the date of said public hearing and post notice of the same as required by law. 7 yeas.
Item #6798. The order, as read aloud by the Clerk, was moved by Councilor Justice and seconded by Councilor Dugas. Moved by Councilor Dugas, seconded by Councilor Loveitt and VOTED to postpone action on the proposal to amend Chapter II, of the Land Use and Development Code by creating a new Section IX to provide for the provision of public water supply to the June meeting of the Council. 6 yeas. 1 nay (Willett)
Item #6799. Moved by Councilor Loveitt, seconded by Councilor Hamblen and ORDERED that the Town Council receive the petition of the residents of Winslow Road, Blackberry Lane and Country Lane to extend the public water main, and
BE IT FURTHER ORDERED that a public hearing on the petition be scheduled for June 3, 2003. 7 yeas.
Chairman Phinney reminded everyone of the public hearing on the budget to be held next Tuesday, May 13, 2003.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn. 7 yeas. Time of adjournment - 9:00 p.m.
A TRUE RECORD OF MEETING
Attest: D. Brenda Caldwell
Town Clerk
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