REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
January 7, 2003
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of 2001-2002 Council: Present: Chairman Phinney, Councilors Hamblen, Loveitt, Willett, Justice and Dugas; the Town Manager and the Town Clerk
Absent: Councilor Robinson
Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to accept the Minutes of the December 3, 2002 Regular Meeting as printed and distributed. 6 yeas.
During Open Public Communications Harold McFarland spoke about the Tax Assessor. Carolyn Bowers and two other citizens from the Morrill Avenue area spoke of their concern regarding a proposed development off Morrill Avenue and asked for the Council to put a moratorium on building. Jack McGraw requested that the Council insure that all sub committee meetings are posted and are placed on the web site calendar.
Councilors Dugas, Justice and Loveitt had a short discussion on the Morrill Avenue issue.
Chairman Phinney reported on a recent joint meeting in Scarborough with PACTS and the Scarborough Town Council where PACTS presented a new 20-year plan. He also asked the Town Manager to explain about trash pickup over the holidays. The Town Manager explained the problems encountered with trash pickup because of the two holidays and the two major storms in the past two weeks.
The Town Manager reminded everyone that the Baxter Memorial Library will be closed during the month of January to reopen on February 3. He thanked all the volunteers who are helping move from the old section to the new during this time. He also reported that in 2002 192 building permits for single family homes were issued compared with 140 for 2001 and 94 for 2000. He also recommended an article in the latest issue of Maine Townsmen summarizing the latest tax proposals in the State.
Unfinished Business
Item #6719. Moved by Councilor Loveitt, seconded by Councilor Hamblen and VOTED to postpone action regarding taking by eminent domain a small portion of a lot owned by David Cairns d/b/a Portland Cover, LLC at the intersection of Route 25 and Bartlett Road until such time as the Town Manager determines this item should be returned to the agenda. 6 yeas.
New Business
The meeting recessed for a public hearing on renewal of the following Automobile Graveyard and/or Junkyard permits for 2003:
David McCullough, d/b/a V & M Rental Center
Evangeline Nelson, d/b/a Chet's Auto Sales, Inc.
Donald N. Hopkins, d/b/a Hopkins Salvage
Peter B. Mason, d/b/a LKQ Corp.
Bruce A. Young, d/b/a Young's Auto Salvage
Ralph Cartonio, d/b/a South Street Auto Body, Inc.
Gordon Reichert, d/b/a Reichert's Auto Body
Shawn Moody, d/b/a Moody's Collision Center, LLC
There was no public comment and the hearing ended at 7:40
Item #6746. Moved by Councilor Dugas, seconded by Councilor Loveitt and ORDERED that the Town Council authorize the renewal of the following Automobile and/or Junkyard Permits for 2003:
David McCullough, d/b/a V & M Rental Center
Evangeline Nelson, d/b/a Chet's Auto Sales, Inc.
Donald N. Hopkins, d/b/a Hopkins Salvage
Peter B. Mason, d/b/a LKQ Corp.
Bruce A. Young, d/b/a Young's Auto Salvage
Ralph Cartonio, d/b/a South Street Auto Body, Inc.
Gordon Reichert, d/b/a Reichert's Auto Body
Shawn Moody, d/b/a Moody's Collision Center, LLC 6 yeas.
The meeting recessed for a public hearing to determine the status of the portion of Queen Street, so called, beginning at Fort Hill Road (Route 114) and running easterly to the portion of Queen Street currently recognized as a public way. Seven citizens spoke with five being in opposition to constructing Queen Street, one in favor and one with a complaint about the process. The hearing closed at 8:21 p.m.
Item #6747. The order, as read aloud by the Clerk was moved by Councilor Dugas and seconded by Councilor Hamblen. Councilor Loveitt requested that the order be divided. This was agreed to by the Chairman and the Council.
Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED that the Town Council, pursuant to Title 23, M.R.S.A., Section 3028, after conducting a public hearing, determines that the status of that portion of Queen Street, so-called, beginning at Fort hill Road (Route 114) and running easterly to the portion of Queen Street currently recognized as a public way, is a road that is discontinued by abandonment, and
BE IT FURTHER ORDERED that the Town Council determines that a public easement remains on said portion of this road. 6 yeas.
Item #6747A. A motion by Councilor Dugas, seconded by Councilor Hamblen that the Town Council authorize the Town Manager to enter into a contract with Smith & Smith Construction to construct said 2200 feet of Queen Street to the standard of a Rural Subcollector as specified in the Land use and Development Code with the contract to specify that the Town of Gorham shall not incur any costs FAILED OF PASSAGE. 0 yeas. 6 nays (Hamblen, Loveitt, Phinney, Willett, Justice and Dugas).
Prior to the above vote a motion by Councilor Hamblen to postpone action on the item to February FAILED DUE TO LACK OF SECOND. Likewise a motion by Councilor Willett, seconded by Councilor Hamblen to postpone action on this item until the Planning Board has taken action on the plan FAILED. 2 yeas. 4 nays (Dugas, Justice, Phinney and Loveitt).
The Chairman declared a short recess. The meeting resumed at 9:24 p.m.
The meeting recessed for a public hearing on a proposal to amend Chapter I, Section VIII, Rural District of the Land Use and Development Code to replace the Rural Land Management System with a Net Residential Density Provision and modification to elected density and net acreage provisions. There was no public comment and the hearing closed at 9:31 p.m.
Item #6748. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED that
WHEREAS, the Town of Gorham has a Rural land Management System to calculate the appropriate number of lots allowed on property, and
WHEREAS, the Rural Land Management System performs the function it was intended to perform, and reflects community values for appropriate development, but is cumbersome and difficult to administer, and
WHEREAS, a Net Residential Density Provision is intended to perform a similar regulatory function as the Rural Land Management System and is intended to closely result in the approximate number of lots as the Rural Land management System, but should be easier for developers to comply with and for the Town to administer,
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 VIII, Rural District of the Land Use and Development Code
1) Amend Chapter I, Section VIII, Rural District of the Land Use and Development Code by replacing the Rural Land Management System with a Net Residential Density Provision and modification to related density and net acreage provisions as presented. 6 yeas.
The meeting recessed for a public hearing public hearing on a proposal to amend the Waste Water Ordinance by adding a new chapter that establishes a Fort Hill Road Sewer Services area. There was no public comment and the hearing closed at 9:40 p.m.
Item #6749. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive the Clerk reading aloud the proposed order. 6 yeas.
The order, as printed and distributed, was moved by Councilor Justice, seconded by Councilor Loveitt. Moved by Councilor Loveitt, seconded by Councilor Hamblen to postpone action regarding a proposal to amend the Waste Water Ordinance by adding a new chapter that establishes a Fort Hill Road Sewer Service area to the February meeting. ACTION POSTPONED 4 yeas. 2 nays (Dugas and Willett)
Prior to the above vote a motion by Councilor Loveitt, seconded by Councilor Hamblen to remand the item to the Ordinance Committee for final review and report back to the Council at the February meeting FAILED OF PASSAGE. 3 yeas. 3 nays (Justice, Dugas and Willett). Likewise a motion by Councilor Willett, seconded by Councilor Dugas to amend the proposed order by adding a condition of approval by the Town Attorney FAILED OF PASSAGE. 3 yeas. 3 nays (Hamblen, Phinney and Loveitt).
The meeting recessed for a public hearing on a proposal to amend Chapter II, Section V, Minimum Standards for the Design and Construction of Streets and Ways (G), (4), (h) Pavement of the Land Use and Development Code for the purpose of providing some flexibility in the deadlines for the replacement of the final road surface. There was no public comment and the hearing closed at 9:55p.m.
Item #6750. Moved by Councilor Loveitt, seconded by councilor Hamblen and VOTED that
WHEREAS the Land Use and Development Code has a deadline for placing the final pavement surface on a road for the purpose of ensuring that the road is properly constructed and the public interested protected, and
WHEREAS, there are times when some minimal flexibility is beneficial to all of the parties, provided that certain conditions are not in order to protect the public interest and ensure good construction,
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 II, Section V, Minimum Standards for the Design and Construction of Streets and Ways (G) (4) (h) Pavement of the Land Use and Development Code
1) Amend Chapter II, Section V, Minimum Standards for the Design and Construction of Streets and Ways (G), (4) (h) Pavement of the Land Use and Development Code for the purpose of providing some flexibility in deadline for the placement of the final road surface as presented. 6 yeas.
Item #6751. Moved by Councilor Willett, seconded by Councilor Loveitt and VOTED that
WHEREAS, the Portland Area Comprehensive Transportation Study (PACTS) is developing a regional transportation plan for the next twenty-five years, and
WHEREAS, the region still has many unmet needs to provide adequate east-west travel, and
WHEREAS, a good highway system is critical to the efficient movement of freight and necessary to provide for an expanding economy, and
WHEREAS, the Gorham Town Council held a workshop on the proposed regional plan and understands the proposed PACTS regional transportation plan recommends to avoid building new highways in the region, and
WHEREAS, the Greater Portland area will need a growing and expanding economy over the next twenty-five years to provide for the general prosperity and a healthy quality of life,
NOW THEREFORE, BE IT RESOLVED that the Town Council of Gorham recommends that PACTS modify the recommendation in the proposed plan to recommend building new highways in the region when other alternatives will not effectively meet the transportation needs of the region. 6 yeas.
Item #6752. A motion by Councilor Willett, seconded by Councilor Justice that the Town Council refer a proposal to amend Chapter 1A, Planned Unit Development, Section I and Section II of the Land use and Development Code, by deleting residential uses as part of a Planned Unit Development in the Industrial and Roadside Commercial District, to the Planning Board for public hearing and their recommendation FAILED OF PASSAGE. 2 yeas. 4 nays (Dugas, Justice, Loveitt and Hamblen)
Item #6753. Moved by Councilor Loveitt, seconded by Councilor Hamblen and ORDERED that the Town Council authorize the Lincoln Street Light/Access Road Committee, appointed by the Council Chairman, to investigate the feasibility of developing a road through the Baxter Memorial Library/Shaw School campus, including the possible relocation or disposition of the Sampson House (McLellan House, so-called), and possible relocation of Baxter Museum and other site improvements, and
BE IT FURTHER ORDERED that the Committee is authorized to investigate and make recommendations about an appropriate façade for the retained portion of Shaw School, and
BE IT FURTHER ORDERED that the Town Council appropriate $10,000 from the Contingency Account to assist the Committee with this investigation. 5 yeas. 1 nay (Willett).
Prior to the above vote a request by Councilor Willett to divide the question failed.
Item #6754. Moved by Councilor Dugas, seconded and Councilor Loveitt and ORDERED that the Town Council refer a proposal to develop an amendment to the Land Use and Development Code to add, as permitted uses, certain low-impact non-residential uses in the Rural, Suburban Residential and Urban Residential Districts, when adequate buffering, reasonable operating hours, and New England architecture are included, to the Ordinance Committee, and
BE IT FURTHER ORDERED that the Ordinance Committee should develop proposed language to amend the ordinance for the Council to consider. 6 yeas.
Item #6755. Moved by Councilor Hamblen, seconded by Councilor Loveitt and ORDERED that the Town Council refer a request to clarify the definition of golf courses and country clubs in the Land Use and Development Code to the Ordinance Committee for their recommendation. 6 yeas.
Item #6756. Moved by Councilor Hamblen, seconded by Councilor Dugas and ORDERED that the Town Council appoint Jennifer Elliott to a two-year term as the Registrar of Voters for the Town of Gorham as per Title 21-A, Section 101, M.R.S.A., said term to expire January 1, 2005. 6 yeas.
Item #6757. This item regarding a property tax abatement request was removed from the agenda prior to the meeting.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn. 6 yeas. Time of adjournment - 11:05 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
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