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04/01/2003 Council Meeting
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL

April 1, 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; the Town Manager and the Town Clerk.

        Moved by Councilor Dugas, seconded by Councilor Willett and VOTED to approve the Minutes of the March 4, 2003 Regular Meeting.   7 yeas.

        Hans Hansen appeared before the Council requesting that the Council create more business districts in Town.  Eugene Libby spoke on his concern about the taxes.  Peter Woodcock asked the Council to perform due diligence before rezoning any part of Gorham.  Rudy Ahlquist encouraged the Council to encourage rezoning and businesses involving activities for children.  Ed Ahlquist spoke on the need to encourage new businesses in Gorham.
                
Councilor Willett reported on the recent Middle School Building Committee meeting stating that the project is right on target.

Councilor Loveitt congratulated a local business, Moody Collision Center,  who were recently recognized by the Governor with a Certificate of Achievement.  Councilor Loveitt also talked about the Industrial Park expansion and that the Council is being proactive on broadening the tax base.
        Councilor Justice report that the Ordinance Committee considered a proposal to rezone South Gorham but that, after attempting to integrate some of the suggestions of the citizens,  concluded that it was not practical to address the traffic issues with impact fees and that until the traffic issues are resolved in that area it would not be prudent to proceed with rezoning in South Gorham.

        Chairman Phinney reported on a Route 114 Corridor Committee meeting recent held at the Standish Town Hall stating that because of many issues parts of that project will be completed next summer rather than this summer.

        The Town Manager reported that he issued a 5-year service pin to Fred Lambert who works at Public Works.  He also reported that he has presented the proposed 2003-2004 Fiscal Year Budget to the Council tonight and that budget workshops are scheduled for Thursday, April 3rd and Tuesday, April 8th.
        A pre-application conference was held with Realty Resources Chartered to discuss their proposal for a planned unit development for student housing on Merriman and Johnson properties at lower Main Street (Route 25) and to rezone Roadside Commercial property to establish a planned unit development district.  The pre-application conference is required by Chapter 1A, Section V(A) of the Land use and Development Code.  Representatives from Ambling Companies made the presentation.

        Old Business

Item #6775.  Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the Town Council appoint those persons recommended by the Appointments Committee to positions as follows:

        PLANNING BOARD

        Harold Grant, Jr.                       3-year term to expire April 1, 2006
        Clark Neily                             3-year term to expire April 1, 2006

        BOARD OF APPEALS

        Audrey Gerry                            3-year term to expire April 1, 2006
        Mark Stelmack                           3-year term to expire April 1, 2006
        Clinton Pearson                         3-year term to expire April 1, 2006
        Joe Gwozdz                              Unexpired 2-year term to expire April 1, 2005

BOARD OF HEALTH

William Gorsuch                 3 year term to expire April 1, 2006

        BOARD OF TRUSTEES - BAXTER MEMORIAL LIBRARY

        Linda Frinsko                           3-year term to expire April 1, 2006
        Dede Perkins                            3-year term to expire April 1, 2006
        Deborah Stirling                                3-year term to expire April 1, 2006

        BOARD OF ASSESSMENT REVIEW

        Paul Willis                             3-year term to expire April 1, 2006

        BOARD OF ASSESSMENT REVIEW - ALTERNATE

        Clinton Pearson                         3-year term to expire April 1, 2006

        FAIR HEARING BOARD

        Martha Harris                           3-year term to expire April 1, 2006
        Dede Perkins                            3-year term to expire April 1, 2006

GORHAM CABLE TELEVISION COMMITTEE

Stephen Morneault                       3-year term to expire April 1, 2006
Richard Portwine                        3-year term to expire April 1, 2006
Lee Stanley                     3-year term to expire April 1, 2006
Faith Vail                      Unexpired 2-year term to expire April 1, 2005

PARK & CONSERVATION COMMISSION

        Matthew McCann                  3-year term to expire April 1, 2006
        Dale Rines                              3-year term to expire April 1, 2006
        
RECYCLING COMMITTEE

Robert Sanford                          3-year term to expire April 1, 2006
Faith Vail                              3-year term to expire April 1, 2006

                RECREATION ADVISORY BOARD

                Virginia Wilder Cross                   2-year term to expire April 1, 2005
                Philip Bartlett, II                             2-year term to expire April 1, 2005
        Christopher Barstow                     1-year term to expire April 1, 2004

        GORHAM ECONOMIC DEVELOPMENT

        Philip Bartlett II                              3-year term to expire April 1, 2006
        James Means                             3-year term to expire April 1, 2006
        Robert Petitt                           3-year term to expire April 1, 2006
7 yeas.  
 
A motion by Councilor Robinson, seconded by Councilor Dugas to waive the Rules and take up an Item not on the agenda relating to a request for a zone change in the Contract Zone at Brookdale FAILED OF PASSAGE.  0 yeas.  7 nays.

New Business

The meeting recessed for a public hearing on an application for a Massage Establishment License in the name of Kristen Watson d/b/a Gorham Whole Health to do business at 4 Rust Road, Gorham.  There was no public comment and the hearing closed at 8:17 p.m.
 
Item #6778.  Moved by Councilor Robinson, seconded by Councilor Loveitt and ORDERED that the Town Council authorize the issuance of a Massage Establishment License in the name of Kristen Watson d/b/a Gorham Whole Health to do business at 4 Rust Road, Gorham.  7 yeas.

The meeting recessed for a public hearing on an application for a Massage Establishment License in the name of Bernadette W. Curtis, d/b/a Holistic Pathways Yoga and Healing Center to do business at 203A Main Street, Gorham.  There was no public comment and the hearing closed at 8:19 p.m.

Item #6779.  Moved by Councilor Loveitt, seconded by councilor Robinson and ORDERED that the Town Council authorize the issuance of a Massage Establishment License in the name of Bernadette W. Curtis, d/b/a Holistic Pathways Yoga and Healing Center to do business at 203A Main Street, Gorham.
7 yeas.

        The meeting recessed for a public hearing on an application for a Massage Therapist License in the name of Sheila Eileen Glynn to work at Holistic Pathways Yoga and Healing Center. There was no public comment.

Item #6780.  Moved by Councilor Robinson, seconded by Councilor Dugas and ORDERED that the Town Council authorize the issuance of a Massage Therapist License to Sheila Eileen Glynn to work at Holistic Pathways Yoga and Healing Center.  7 yeas.

Item #6781.  The order, as read aloud by the Clerk, was moved by Councilor Loveitt, seconded by Councilor Dugas.  Moved by councilor Loveitt, seconded by Councilor Willett and VOTED to amend the proposed order by changing the date the Registrar is to be in session to June 12 and June 13, 2003.  7 yeas.

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

ORDERED that the Town Council vote to conduct a referendum election in accordance with Section 901 of the Council-Manager Charter of the Town of Gorham on the referendum questions set forth below, said referendum to be held at the following places on the seventeenth day of June, 2003 or, if the State of Maine votes to hold a referendum, then the date of the Town's referendum shall automatically be changed to coincide with the State referendum, between the hours of 7:00 a.m. and 8:00 p.m. on said day:

                District 1
                District 2
                District 3
                Central District
                                REFERENDUM QUESTION #1

"Shall the Town of Gorham issue general obligation 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's Recreation Department and a public meeting room?"

                 (The Town Council recommends a “yes” vote.)

                                REFERENDUM QUESTION #2

"Shall the Town of Gorham issue general obligation 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?"

                (The Town Council recommends a "yes" vote.)

BE IT FURTHER ORDERED that a public hearing on said referendum questions be held at 7:00 p.m.  on Tuesday, May 6, 2003 at the Gorham High School Auditorium,

BE IT FURTHER ORDERED that the Town Council vote to appoint the following persons as Wardens and Ward Clerks for the designated voting districts for the referendum election and if any of the following should fail to serve the Town Council hereby gives the Town Clerk the authority to appoint substitutes:

                        Warden                          Ward Clerk      

District 1      Nancy Hawkes                    Rose Phinney
        District 2      Patricia Clay                   Janice Edwards
        District 3      Linda Deering                   Laurel Smith
        Central         Janice Labrecque                Mary Lou Fraser

BE IT FURTHER ORDERED that the Town Council vote that the Registrar of Voters be in session between the hours of 8:30 a.m. and 6:30 p.m. on Thursday, June 12, 2003 and between the hours of 7:30 a.m. and 4:30 p.m. on Friday, June 13, 2003.

BE IT FURTHER ORDERED that the Town Clerk be authorized to process absentee ballots at the Central Voting Place at 9:00 a.m.; 11:00 a.m.; 1:00 p.m.; 3:00 p.m.; 5:00 p.m. and 8:00 p.m.  7 yeas.
Item #6782.  Moved by Councilor Hamblen, seconded by Councilor Robinson and ORDERED      that the Town Council authorize the Town Manager to execute a Local Governmental Entities BMI music performance licensing agreement with an annual fee of $225.00.   7 yeas.

Item #6783. The order, as read aloud by the Clerk, was moved by Councilor Dugas and seconded by Councilor Justice.  Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED to amend the proposed order by deleting the reference to the Planning Board.  6 yeas.  1 nay (Dugas).

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

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 Ordinance Committee for their recommendation.  6 yeas.  1 nay (Dugas).

Item #6784.  The order, as read aloud by the Clerk, was moved by Dugas, seconded by Councilor Hamblen.  Moved by Councilor Justice, seconded by Councilor Robinson to amend the proposed order to send to the Ordinance Committee rather than the Planning Board.  7 yeas.      

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

ORDERED that the Town Council refer a request to rezone a parcel of land at the corner of Church Street and School Street (Route 114) from Urban Residential to Gorham Village Commercial District, to the Ordinance Committee for their review and recommendation.  7 yeas.

Item #6785.  Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council appropriate $10,000 from the Contingency Account to provide preliminary concept design services for the reuse of the Shaw School.  7 yeas.

Item #6786.  Moved by Councilor Dugas, seconded by Councilor Hamblen and ORDERED that the Town Council issue the 2003 Warrant for Prosecuting Unlicensed Dog Owners-Keepers to Wilmont R. Southworth, Jr.   7 yeas.

Moved by Councilor Justice,  seconded by Councilor Hamblen and VOTED to adjourn.  7 yeas.  Time of adjournment  - 9:00 p.m.

A TRUE RECORD OF MEETING                        
                                                        Attest:
                                                                                                        
                                                                D. Brenda Caldwell
                                                                Town Clerk