REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
February 4, 2003
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of Council: Present: Chairman Phinney: Councilors Hamblen, Loveitt, Robinson, Justice, Willett, and Dugas; the Town Manager and the Town Clerk.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to approve the minutes of the January 7, 2003 Regular Meeting. 7 yeas.
During the Open Public Communications Harold McFarland spoke on the large trucks speeding by his house on Libby Avenue and stated concern about the speed limit in that area. Chris Barstow, State Representative from Gorham gave the Council a brief update on today's happenings in the Legislature. He also urged people to contact him regarding complaints and concerns they may have. Al Liberio spoke in opposition to the subdivision planned for Morrill Avenue. Peggy Clements spoke as a follow up on an article she submitted to Gorham Times regarding growth in Gorham.
During the Council Communications segment Councilor Robinson reported on the January 14, 2003 Finance Committee meeting; on a request from the Gorham Recreation Advisory Board for a new sign in front of Robie Gym, as well as tennis court and basketball court repair at Little Falls. He also reported on a request from the Dingley Spring Association to thank the West Gorham Fire Department for allowing the Association to use its building.
Councilor Loveitt congratulated the Town on a 40% recycling rate.
Councilor Willett reported from the Middle School Building Committee that the middle school construction is still on target and that there are pictures of the construction on the web site.
Chairman Phinney reported that last week some Councilors and town staff met with USM President Pattenaude and his staff to discuss community/college relations.
The Town Manager reported that the maritime pipeline application is still on track and is proceeding through the channels necessary to get a license; reminded citizens that the new section of Baxter Library is now open and reported that Regional Waste Systems is the largest recycler in the State. He also reported that Baxter Library has moved into the new section and that renovations are now going on in the old section with a completion target of late spring.
Item #6749. The order, as moved and seconded at the last meeting came to the table. Moved by Councilor Loveitt, seconded by Councilor Dugas and VOTED to postpone action on a proposal to amend the Waste Water Ordinance by adding a new chapter that establishes a Fort Hill Road Sewer Service area until the Town Manager is ready to bring it back to Council. 7 yeas.
The meeting recessed for a public hearing on an application for a Massage Establishment License in the name of Jill Loring d/b/a Madison Square to do business at 18 South Street. There was no public comment and the hearing closed at 7:25 p.m.
Item #6758. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council approve a Massage Establishment License in the name of Jill Loring d/b/a Madison Square to do business at 18 South Street. 7 yeas.
The meeting recessed for a public hearing on an application of Elizabeth Cote Montejo for a Massage Therapist License. There was no public comment and the hearing closed at 7:30 p.m.
Item #6759. The order, as read aloud by the Clerk, was moved by Councilor Loveitt, seconded by Councilor Hamblen. Moved by Councilor Willett, seconded by Councilor Justice and VOTED to amend the proposed order by adding that this license will be issued upon presentation of a valid state license. 7 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council approve a Massage Therapist License in the name of Elizabeth Cote Montejo, said license to be issued only upon presentation of a valid state license. 6 yeas. 1 nay (Dugas).
The meeting recessed for a public hearing on a proposed amendment to the General Assistant Ordinance regarding Maximum Levels of Assistance, Maximum Levels for Food and Maximum Levels of Assistance for Food. There was no public comment and the hearing closed at 7:35 p.m.
Item #6760. Moved by Councilor Loveitt, seconded by Councilor Hamblen and VOTED that
WHEREAS, there is a need to update the Town's General Assistance Ordinance to reflect a changing economic environment,
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 the General Assistance Ordinance Relating to Basic Necessities
1) Amend Section 6.8 Basic Necessities, of the General Assistance Ordinance as per the attached. 7 yeas.
The meeting recessed for a public hearing on a proposed amendment to the Solid Waste Flow Control Ordinance in regard to Article 6 - Licensing. Five citizens spoke in opposition to this amendment. The hearing closed at 7:55 p.m.
Item #6761. Moved by Councilor Dugas, seconded by Councilor Robinson and VOTED that
WHEREAS, the Town of Gorham is a member/owner of Regional Waste Systems, and
WHEREAS, Regional Waste Systems has reliable and cost effectively disposed of refuse from the Town of Gorham for many years, and
WHEREAS, Regional Waste Systems is currently the largest recycler in the State of Maine, and
WHEREAS, it is in the Town's environmental, financial and public health and welfare interest to ensure that Regional Waste Systems continues to provide quality refuse handling services,
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 Article VI of the Solid Waste Flow Control Ordinance
1) Amend Article VI, Part A, 6.2 to read as follows:
"ARTICLE VI. LICENSING
Part A. Commercial and Residential Refuse Collectors.
6.2 Any person wishing to obtain a Commercial or Residential Refuse Collector License shall present a written application therefore on a form provided by the Municipality, accompanied by payment of a fee to be set by the Town Council by order and evidence of a waste hauling agreement between the applicant and RWS for disposal of Gorham solid waste collected or transported by the applicant from the date that the application is filed and throughout the upcoming license year. A commercial or residential refuse collector license shall be issued by the Municipality's Clerk (the "Issuing Authority"). All fees collected shall be for the use of the town.
For the licensing year commencing on August 2, 2003 and for each subsequent year thereafter, the applicant for a Commercial Refuse Collector license must submit the written application and all required supporting documentation, including but not limited to the valid existing contract with RWS on or before March 1 immediately preceding the commencement of the license year.
2) Amend Section 6.3.8 to read as follows:
"6.3.8 A copy of the current waste hauling agreement with RWS, as required by Section 6.2." 6 yeas. 1 nay (Willett).
Item #6762. Moved by Councilor Loveitt, seconded by Councilor Willett and ORDERED that the Town Council authorize the Town manager to enter into a contract with Smith & Smith Construction to reconstruct a portion of Queen Street. 4 yeas. 3 nays (Phinney, Robinson and Loveitt).
Prior to the above vote the question was moved. 5 yeas. 2 nays (Phinney and Justice).
Prior to the motion being made Councilor Loveitt asked for a point of order stating that the order was improperly before the meeting as it is in fact a reconsideration of an item that was before the Council at the last meeting. The Chairman ruled that as there was no motion on the floor at that time, the order could be rephrased from the prepared order.
The Chairman declared a short recess. The meeting reconvened at 9:30 p.m.
Item #6763. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council undesignated a parcel of land (Tax Map 21 Lot 10) from the Estate of Harvey E. Sawyer for future roadway purposes, that was initially designated by the Town Council for that purpose on November 13, 2001. 6 yeas. 1 nay (Willett)
Prior to the above vote a motion to postpone action on this item FAILED DUE TO LACK OF SECOND.
Item #6764. moved by Councilor Dugas, seconded by Councilor Willett and ORDERD that the Town Council authorize the renewal of a University Class 1 Liquor License for ARAMARK Educational Services, Inc. to do business at the University of Southern Maine. 7 yeas.
Item #6765. Moved by Councilor Loveitt, seconded by Councilor Robinson and ORDERED that the Town Council adopt a policy for recording and depreciating fixed assets to conform to new provisions of the General Accounting Standards Board Statement Number 34, as presented. 7 yeas.
Item #6766. The order, as read aloud by the Clerk was moved by Councilor Willett and seconded by Councilor Dugas.
Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED to amend the proposed order by adding that the said referendum question should include authorization for the Town to issue debt for its half share of the fire truck. 7 yeas.
The order, as amended, was then VOTED resulting in the following:
WHEREAS, the municipalities of Gorham and Windham have worked cooperatively over the years in a joint effort to provide fire protection services to the Little Falls/South Windham areas; and
WHEREAS, the two municipalities have determined that it will be in their best interests in continuing to provide such joint fire protection services to purchase jointly (half of the cost to be paid by each of the two municipalities) a new fire truck for that station, which truck will combine the capabilities of a fire pumper truck and a fire ladder truck; and
WHEREAS, the Town of Gorham's half share of the total cost of such a new fire truck will likely exceed the $250,000 expenditure limitation in the Town Charter and so require voter approval;
NOW, THEREFORE, BE IT ORDERED, that the Town Manager and the Fire Chief, in concert with the appropriate officials from the Town of Windham, are authorized and directed to seek bid proposals for a new fire truck to be owned and paid for jointly (half of the cost to be paid by each) by the two municipalities, namely an aerial platform fire truck (a "Quaint"), which is a combination pumper truck and ladder truck; and
BE IT FURTHER ORDERED, that the Town Clerk be, and hereby is, authorized and directed to take all steps necessary to schedule and hold a special referendum vote on June 10, 2003 to seek voter approval for the Town of Gorham's half of the cost for the same pursuant to Sec. 901 of the Town Charter, and
BE IT FURTHER ORDERED that the said referendum question should include authorization for the Town to issue debt for its half share of the fire truck. 7 yeas.
Item #6767. Moved by Councilor Willett, seconded by Councilor Robinson and ORDERED that the Town Council endorse a letter to the Trustees of the Portland Water District asking Portland Water District to work with Maine Department of Transportation to install a water main on Fort Hill Road (Route 114) in conjunction with a pending road project, as presented. 5 yeas. 2 nays (Robinson and Loveitt)
Prior to the above vote a motion to amend the order to read that the letter request the Portland Water District to work with the Maine Department of Transportation to develop a proposal for the installation of a Water main on Fort Hill (Route 114) in conjunction with a pending road project, as presented, the proposal shall include justification of needed cost, method of payment , impact upon development in the service area, said proposal shall be presented to the Gorham Town Council for approval FAILED OF PASSAGE 2 yeas. 5 nays (Phinney, Hamblen, Willett, Justice and Dugas).
Item #6768. The order, as read aloud by the Clerk was moved by Councilor Willett and seconded by Councilor Justice. Moved by Councilor Willett, seconded by Councilor Justice and VOTED to amend the proposed order by changing the "two" to a "one". 7 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that pursuant to Title 36, MRSA, Section 841, the Town Council go into executive session for the purpose of hearing two applications for abatement of taxes based on poverty. 7 yeas.
Moved by Councilor Hamblen, seconded by councilor Dugas and ORDERED that the Town Council deny the application for an abatement of taxes based on poverty because the applicant has sufficient equity and has not demonstrated that they are unable to contribute to the public charge. 7 yeas.
Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to adjourn. 7 yeas. Time of adjournment - 10:35 p.m.
A TRUE RECORD OF MEETING
Attest: D. Brenda Caldwell
Town Clerk
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