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12/07/2004 Council Minutes
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
December 7, 2004

        The meeting opened with the Pledge of Allegiance to the flag.

Roll Call:  Present:  Chairman Loveitt; Councilors Robinson, Phinney, Willett, Justice and Dugas; the Town Manager and the Town Clerk
  Absent:  Councilor Hamblen


       Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to approve the Minutes of the November 9, 2004 meeting.  6 yeas.

        There was no public comment.

        Councilor Robinson reported on the Fire and Rescue party which he attended on Saturday, December 4th.  Councilor Willett also reported and thanked the Fire and Rescue for supporting families in need in Gorham.  She also thanked the Town Clerk for her services over the years

        The Chairman thanked all those who had braved the storm to be here tonight.  He also asked that if anyone knows of servicemen/women’s families that need assistance of any type to please make it known to himself or the Manager’s office.  He reported on a thank you letter he received from Catherine Falwell for the resolution the Council presented to her at a recent library function.  The Chairman and the Town Manager have also met with officials and others who are bothered by the outside storage of recycling materials at a new establishment in the Industrial Park.  His last report was that RWS met recently and that the Town has recently received a recycling and waste stream analysis which shows that Gorham is doing a very good job in modifying its waste stream and recycling.

        The Town Manager’s report consisted of a report that an updated Land Use and Development Code is now on the web site along with the recent Financial Statement.  He also reported that he has recently awarded 5-year service pins to Jennifer Elliott of the Town Clerk’s office, Sears Edwards of the Police Department, Daleleen Leighton of the Fire Department, Maureen Finger of the Finance Department and Ken Fickett of the Fire Department and a 20-year service pin to Claudette Charest of the Town Clerk’s department.  He also pointed out that this will be the Town Clerk’s last meeting as Town Clerk as she will be retiring the end of December and that he has enjoyed working with her for the past 11 years.

        Brian Curley of PDT Architects then presented five different options and the costs associated with each option for the reuse of the Shaw School.  

        Christie Toth made a presentation to the Town Council about the Community Road Scholarship Program which is an Independent Transaction Network to meet the mobility needs of low-income people and visually-impaired people.

Unfinished Business

Item #7032.  The order, as moved and seconded, returned from the last meeting.  Moved by Councilor Justice, seconded by Councilor Robinson and VOTED to amend the proposed order by substituting the wording “that the Town Council does not wish to proceed with the contract to provide assessing services to Windham at this time.”  5 yeas.  1 nay (Robinson)

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

ORDERED that the Town Council does not wish to proceed with the contract to provide assessing services to Windham at this time.  5 yeas.  1 nay (Robinson).

New Business

The meeting recessed for a public hearing on a proposed amendment to Chapter II,  
Section V, (E), (4), (b) of the Land Use and Development Code to clarify when roads offered for acceptance are placed on an agenda to the Planning Board for public hearing and their recommendation.  There was no public comment and the hearing closed at 7:55 p.m.
Item #7041.  Moved by Councilor Phinney, seconded by Councilor Justice 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 current language in the Land Use and Development Code is unclear about when roads offered for acceptance as public ways should be placed on the Planning Board agenda, and

        WHEREAS, it is the intent of the Town Council that roads offered for acceptance should only be placed on the Planning Board agenda when they are fully constructed to all Town specifications and when the road offered for acceptance is associated with a specific development, all conditions of approval have also been fully complied with,

        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 Land Use and Development Code Chapter II, Section V (E) (4) (b) Regarding Roads Offered for Acceptance

1)  Amend Chapter II, Section V, Subsection E (4) (b) to read as follows:

"(b)  No street or way shall be placed on the Planning Board's agenda until the Developer's Engineer has certified that the street or way has been constructed in accordance with the specifications of the Town of  Gorham's Land use and Development Code and in accordance with the plans approved by the Planning Board and that the "As Built" Record drawings are accurate.  Furthermore, no road may be placed on a Planning Board agenda until (i) the Town Engineer has issued a final report that the road is complete and meets the appropriate specifications of the Town's Land use and Development Code, and (ii) the Planning Director, after consultation with the Town Engineer, has determined in writing that there is no outstanding condition or restriction placed on the  
applicable subdivision plan or other applicable Town-approved plan on which the street or way has been proposed that has not yet been satisfactorily completed in accordance with the requirements of such plan."   6 yeas.

The meeting recessed for a public hearing on an application for a Massage Therapist  
License in the name of Erin Leigh Martin to do business at 18 Mechanic Street, Gorham.  There was no public comment and the hearing closed at 7:57 p.m.

Item #7042.  Moved by Councilor Justice, seconded by Councilor Willett and VOTED to postpone action on an application for a Massage Therapist License in the name of Erin Leigh Martin to do business at 18 Mechanic Street, Gorham until such time as the Town Manager agrees it is ready for action.  6 yeas.

The meeting recessed for a public hearing on renewal of the following Automobile Graveyard and/or  Junkyard permits for 2005:

Chester Seal d/b/a Chet's Auto Sales
Bruce Young, Sr. d/b/a Young's Auto Salvage
Shawn Moody d/b/a Moody's Collision Center
David McCullough, d/b/a M & D Realty
Ralph Cartonio d/b/a South Street Auto Body, Inc
LKQ Corp. d/b/a Gorham Used Auto Parts
Gordon Reichert, d/b/a Reichert's Auto Body
Donald Hopkins d/b/a Hopkins Salvage

        There was no public comment and the hearing closed at 8:00 p.m.
        Item #7043.  Moved by Councilor Willett, seconded by Councilor Phinney and ORDERED that the Town Council authorize the renewal of the following Automobile and/or Junkyard Permits for 2005:

Chester Seal d/b/a Chet's Auto Sales
Bruce Young, Sr. d/b/a Young's Auto Salvage
Shawn Moody d/b/a Moody's Collision Center
David McCullough, d/b/a M & D Realty
Ralph Cartonio d/b/a South Street Auto Body, Inc
LKQ Corp. d/b/a Gorham Used Auto Parts
Gordon Reichert, d/b/a Reichert's Auto Body
Donald Hopkins d/b/a Hopkins Salvage
6 yeas.

Item #7044.  Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to waive the Clerk’s reading aloud the proposed order.  6 yeas.

Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that in connection with the School Revolving Renovation Fund minor capital project previously approved by the Town of Gorham (the "Governmental Unit") in accordance with applicable law, the Governmental Unit be and it hereby is authorized to execute and deliver a Loan Agreement between the Maine Municipal Bond Bank (the "Bond Bank")  and the Governmental Unit to effect a loan from the Bond Bank in the principal amount of up to $250,000, of which amount up to $125,325 of principal is forgiven by the Bond Bank, and which Loan Agreement shall be substantially in the form presented at this meeting, and such Loan Agreement hereby is approved in all respects, for the purpose of financing the costs of a School Revolving Renovation Fund minor capital project, (the "Project"), provided, however, that the unforgiven portion of the Loan Agreement shall be rebated by the Town Manager to the Bond Bank from the load proceeds, and

BE IT FURTHER ORDERED that, under and pursuant to the provisions of 30-A M.R.S.A. Section 5772, and Title 30-A M.R.S.A. Section 5953-E and Section 6006(F), the Chairman of the Town Council and the Town Manager of the Governmental Unit be, and hereby are authorized to borrow in the name and on behalf of the Governmental Unit the sum of up to One Hundred Twenty Four Thousand Six Hundred Seventy-Five Dollars ($124,675) from the Bond Bank and, in connection therewith, the Chairman of the Town Council and the Town manager be and they are hereby authorized to issue general obligation securities (bonds or notes) of the Governmental Unit in an original principal amount of up to One Hundred Twenty-Four Thousand Six Hundred Seventy-Five Dollars ($124,675), payable WITH NO INTEREST in 5 equal annual installments of principal, and to execute and deliver such general obligation bonds or notes (as so executed and delivered, the "Bond") in registered form under the seal of the Governmental Unit and as attested by the Town Clerk, which Bond shall be dated on or about August 20, 2004 and be in substantially the form presented to this meeting, with such changes therein not contrary to the general tenor thereof as the Chairman of the Town Council and the Town Manager may approved, the execution and delivery thereof to be conclusive evidence of such approval, provided, however, that the Town Manager shall prepay the Bond upon delivery thereof by rebating the proceeds to the Bond Bank, and such payment and satisfaction shall be indicated on the Bond by the Bond Bank, and

        BE IT FURTHER ORDERED that the Chairman of the Town Council and the Town Manager be, and each of them acting singly hereby is authorized in the name and on behalf of the Governmental Unit to execute and deliver the Kloan Agreement, an Assignment of monies transferred by the State of Maine to pay for Project costs, and such other instruments, documents, certificates and agreements, and to take or cause to be taken such further actions for and on behalf of the Governmental Unit as may be necessary, convenient or appropriate to effect the transaction contemplated by the foregoing votes and the documents referenced therein, and that the Town Clerk of the Governmental Unit be and hereby is authorized to attest to the foregoing and attach the Governmental Unit's seal to any of the foregoing.

        Item #7045.  Moved by Councilor Dugas, seconded by Councilor Willett and ORDERED that the Town Council receive a petition from the residents of Church Street, Water Street and Glenwood Avenue requesting traffic calming efforts on Church Street.  6 yeas.


Item #7046.  Moved by Councilor Robinson, seconded by Councilor Phinney and ORDERED that the Town Council refer a proposal to amend the Land Use and Development Code Chapter IV, Section IV (c) clarifying the acceptance and processing of applications when work is occurring under a previously issued permit, to the Ordinance Committee for their recommendation.  6 yeas.

        Item #7047.  Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council refer a proposal to amend the  Land Use and Development Code, Chapter II, Section II by adding a new paragraph F regarding limitation on new residential lots fronting on major roads to the Planning Board for public hearing and their recommendation.  6 yeas.

Item #7048. The order, as printed and distributed, was Moved by Councilor Robinson and seconded by Councilor Dugas.  Moved by Councilor Willett, seconded by Councilor Justice and VOTED to amend the proposed order by asking that the Chairperson and the staff look into this issue.  6 yeas.

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

ORDERED that the Town Council refer a letter from the Superintendent of Schools regarding concerns about hunting near the Gorham Middle School to the Chairperson and staff for their  review and
recommendation.  6 yeas.

        Item #7049.  Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED that the Town Council authorize the purchase of a  Ward "No Smoke" ventilation system for Central Fire Station as requested in a Safety Inspection report from the Maine Municipal Association Workers Compensation Fund and as proposed by staff, and

        BE IT FURTHER ORDERED that the Town Council appropriate $50,000 from the Unencumbered Funds Reserve  toward this purchase.  6 yeas.

Item #7050.  Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town Council accept the bid of C.B. Kenworth of South Portland for $86,086 to purchase a dump truck.  6 yeas.

        Item #7051.  Moved by Councilor Phinney, seconded by Councilor Dugas and ORDERED that the Town Council accept Boulder Drive as a public way in the Town of Gorham, and

        BE IT FURTHER ORDERED that Boulder Drive shall be classified as a Rural Access road.  6 yeas.

Item #7052.  Moved by Councilor Robinson, seconded by Councilor Dugas and ORDERE that the Town Council accept Harriman Way located in Distant Pines Subdivision off Burnham Road as a public way in the Town of  Gorham, and

        BE IT FURTHER ORDERED that Harriman Way shall be classified as a Rural Access Road.  6 yeas.

        Item #7053.  Moved by Councilor Willett, seconded by Councilor Robinson and ORDERED that the Town Council accept Distant Pines Drive located in the Distant Pines Subdivision off Burnham Road as a public way in the Town of Gorham, and

        BE IT FURTHER ORDERED that Distant Pines Drive shall be classified as a Rural Access road.
6 yeas.

Item #7054.  Moved by Councilor Robinson, seconded by Councilor Phinney and ORDERED by the Town Council that Jennifer Elliott be appointed per M.R.S.A. 21-A, Section 101 (2) to a two-year term as  
Registrar of Voters for the Town of Gorham, and

        BE IT FURTHER ORDERED that said term shall expire December 31, 2006.  6 yeas.

Item #7055.  Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council authorize the Town Treasurer,  for calendar year 2005, for and in behalf of the Town of Gorham, to execute release deeds in the Town's interest in tax-acquired property to delinquent taxpayers or those claiming by, through or under him, upon receipt of payment of all outstanding taxes, interest and costs.  6 yeas.

Item #7056.  Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council authorize blanket approval to Windham-Gorham Rod and Gun Club, the Special Olympics of Maine and the North Scarborough Fire Department for beano and games of chance for  
2005, and

        BE IT FURTHER ORDERED that a letter be sent to the Chief of the State Police so notifying him of the Council action.  6 yeas.

Item #7057.  Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council endorse a proposed application from M.D.O.T. to install a traffic light at the intersection of New  Portland Road, Libby Avenue and Brackett Road.  6 yeas.

Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to adjourn.  6 yeas.  Time of adjournment - 9:17 p.m.

Prior to the vote on adjournment the Chairman thanked the Town Clerk for her years of service to the Town and presented her with the gavel used by the Council Chairmen during Council meetings since 1967.  The Clerk used the gavel to adjourn the meeting.


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