REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
November 9, 2004
The meeting opened with the Pledge of Allegiance to the flag.
Roll Call of the 2003-2004 Council: Present: Chairman Loveitt; Councilors Hamblen, Phinney, Robinson, Justice, Willett and Dugas; David Cole, Town Manager and Brenda Caldwell, Town Clerk
Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to approve the Minutes of the October 5, 2004 Regular Meeting as printed and distributed. 7 yeas.
Open Public Communications - Hans Hansen spoke on the recent referendum election presenting pictures of signs which were posted prior to the election which Mr. Hanson felt were misleading. He also asked the Council to state publicly if they had voted against rezoning the 72 acres in South Gorham.
Grant Lee, representing PROP, expressed his concern about the elimination of the Town’s financial support to PROP. He asked that the Council reconsider the denial and asked for more communication and notice in next year’s budget deliberations.
John Bump congratulated the re-elected members of Council and thanked the voters of Gorham for the vote in opposition to rezoning parcels in South Gorham. He also spoke on the campaign signs.
Jeff O’Donal also spoke regarding the campaign signs.
Chris Barstow, newly-elected Representative of District 129 and David Farrington, newly-elected Representative of District 130 thanked the citizens of Gorham for their votes and trust. They also commended the Town Clerk and her staff for an election well done.
Councilor Communications - Councilor Hamblen reported that he was called by a voter in the election who congratulated the Town Clerk and her crew. Councilor Robinson congratulated the election winners and the election workers. He also spoke on the rezoning referendum and the signs which he felt were unfair and biased. Councilor Phinney reported on the latest Ordinance Committee meeting. Council Willett reported that she attended an open house for RWS welcoming the new general manager. She also attended a tour of RWS.
The Chairman reported on a plan for the renovation of the Shaw School which was in the Council’s packet. He reported that the Council is moving ahead for a thorough review of the conceptual plan. He asked that the Council share the drawings with other interested people in the Town. He then reported that the Town had a very successful election and congratulated the election workers. He also announced that this was the Town Clerk’s last election and congratulated her on the fine elections held in the Town of Gorham. He also congratulated Councilors Dugas and Justice on their re-election.
The Town Manager thanked the election workers and reported that 792 citizens were registered and voted on election day, that 1900 absentee ballots were processed and that there was an 82% turnout. He then advised the Council that the contract to replace the roof over the gym in the Shaw School was issued today.
The Town Clerk reported that the turnout in the election was 8,643 which is 82% of the registered voters. Elected to 3-year terms on the Council were Burleigh Loveitt, Philip Dugas, and Norman Justice; Jason Libby and Roger Marchand were elected to 3 year terms on the School Committee. The citizen initiated referendum regarding rezoning part of South Gorham failed with 4,608 no votes and 2,814 yes votes.
The newly-elected Councilors Burleigh Loveitt, Philip Dugas and Norman Justice were then sworn into office.
Roll Call of 2004-2005 Council: Present Councilors Hamblen, Robinson, Phinney, Loveitt, Willett, Justice and Dugas.
The Clerk, acting as Chairman pro tempore, conducted the election for Council Chairman for 2004-2005.
Item #7025. Moved by Councilor Justice, seconded by Councilor Willett and VOTED to elect Burleigh Loveitt Chairman of the Gorham Town Council for the 2004-2005 year. 6 yeas 1 abstention (Loveitt). Prior to the above vote it was moved by Councilor Justice, seconded by Council Hamblen and VOTED that nominations cease. 6 yeas. 1 abstention (Loveitt).
Chairman Loveitt then took over the gavel to conduct the remainder of the meeting.
Item #7026. Moved by Councilor Willett, seconded by Councilor Justice and VOTED to elect Matthew Robinson as Vice-Chairman. 7 yeas. Prior to the above vote it was moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED that nominations cease. 7 yeas.
Item #7027. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the following be elected to serve on the following Council committees for 2004-2005 with the first named as Chairman of the Committee:
1. Finance Committee - Calvin Hamblen, Chairman; Philip Dugas and Matthew Robinson
2. Ordinance Committee - Michael Phinney, Chairman; Jane Willett and Norman Justice
3. Appointments/Personnel Committee - Philip Dugas, Chairman; Calvin Hamblen and Jane Willett
4. Economic Development/Capital Improvements Committee - Matthew Robinson, Chairman; Norman Justice and Michael Phinney
5. Representative to Great Portland COG - Burleigh Loveitt
6. Ad Hoc Representative to the Recreation Advisory Board - Matthew Robinson
7. Ad Hoc Representative to the Cable TV Committee - Michael Phinney
7 yeas.
Item #7028. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council adopt by reference the same Council Rules as were adopted for the year 2003-2004, as amended, as the Council Rules for the year 2004-2005. 7 yeas.
Unfinished Business
Prior to action on the next item it was moved by Councilor Justice and seconded by Councilor Robinson to take up Item #6993 after Item #7034. 7 yeas. (NOTE: For purposes of continuity the action taken under #6993 will be reported on at this time.)
Item #6993. Moved by Councilor Justice, seconded by Councilor Dugas to amend the order as moved and seconded at a previous meeting. The amendment would add the following wording to the order: “From the eastern edge of Bousquet property to the point of intersection between the existing Gambo Road and Public Trail easement granted by S.B. Gorham, Inc. in a deed dated October 29, 2003 and accepted by the Town of Gorham October 7, 2003, and Be It Further Ordered that a public easement is retained for recreational, utility and access purposes beginning at the point of intersection between the existing Gambo Road and Public Trail easement and extending easterly to the Presumpscott River”. 6 yeas. 1 nay (Willett)
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town council, pursuant to Title 23, M.R.S.A., Section 3026, hereby orders the discontinuance of a portion of Gambo Road, beginning at the eastern edge of the Bousquet property (Tax Map 72, lot 27) to the point of intersection between the existing Gambo Road and Public Trail easement granted by S.B. Gorham, Inc. in a deed dated October 29, 2003 and accepted by the Town of Gorham October 7, 2003, thence northeasterly to the Presumpscot River, as a public way, and
BE IT FURTHER ORDERED that the public easement over said portion of Gambo Road also be discontinued, and
BE IT FURTHER ORDERED that a public easement is retained for recreational, utility, and access purposes beginning at the point of intersection between the existing Gambo Road and Public Trail easement and extending easterly to the Presumpscot River, and
BE IT FURTHER ORDERED that having given best practical notice to all abutting property owners and the Town of Gorham Planning Board and damages are paid to the abutting property owners as follows:
1. S.B. Gorham $1.00
2. Scott Paper $1.00
3. Gorham-Sebago Lake Regional Land Trust $1.00
6 yeas. 1 nay (Willett).
Item #7010. The order, as moved and seconded and a previous meeting, was brought forward. Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to postpone action regarding the issuance of a Class II Victualer’s License in the name of Susan Duchaine, d/b/a the Fry Guy to such time as the applicant asks for it to be back on the agenda. 5 yeas. 2 nays (Justice and Robinson)
New Business
The meeting recessed for a public hearing to hear comment on proposed amendment to the Land Use and Development Code relating to when public water must be used and/or the public water system extended to serve new development. There was no public comment and the hearing closed at 8:10 p.m.
Item #7029. Moved by Councilor Justice, seconded by Councilor Willett and VOTED to waive the Clerk reading aloud the proposed order. 7 yeas.
The order, as printed and distributed was moved by Councilor Justice and seconded by Councilor Dugas. Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to amend the proposed order by changing the June 1 date to November 10, 2004. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Robinson and VOTED to further amend the proposed order by striking the words “Where the owner or developer will extend public water service in any area subject to a public water extension impact fee, the Town Council may waive the payment of the impact fee as set forth in Chapter VII, Section I.F. of this ordinance. In all other circumstances,” 6 yeas. 1 nay (Willett)
The order, as amended, was then VOTED resulting in the following:
WHEREAS, the Town of Gorham continues to experience residential and commercial growth, and
WHEREAS, the Town wishes to provide for the orderly extension of public water by developers during the development of their property that is consistent with the Town’s needs, minimize costs to existing taxpayers and provide an orderly process for developers,
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 to Add a New Section for the Provision of Public Water Supply
1) Amend Chapter II of the Land Use and Development Code by renumbering the current Section IX as Section X and creating a new Section IX which shall read as follows:
“SECTION IX – THE PROVISION OF PUBLIC WATER SUPPLY
It is the policy of the Town of Gorham to require the extension of the public water supply system to serve new development to the extent that such extensions are feasible and economically viable. The provisions of this section identify when public water supply must be used and/or the public water system extended to serve the use of land or development activity.
A. Required Provision of Public Water Supply
Unless exempted by the Planning Board in accordance with D. below, any new principal building for nonresidential use for which a building permit is issued after November 10, 2004, or any new principal building in a subdivision that was approved after November 10, 2004 and that had not had substantive Planning Board review as of November 10, 2004, , shall be connected to, and shall utilize, the public water system, if the parcel(s) on which such development occurs is located, in whole or in part, in any of the following zoning districts:
1. The Urban Residential District
2. The Village Centers District
3. The Urban Commercial District
4. The Office Residential District
5. The Narragansett Development District
6. The Black Brook and Brackett Road Special Protection District
B. Conditional Provision of Public Water Supply
Unless exempted by the Planning Board in accordance with D. below, any new principal building for nonresidential or residential use (or group of buildings that is part of the same project) for which a building permit is issued after November 10, 2004, that has a design sewage flow based upon the Maine State Plumbing Code of more than two thousand (2000) gallons per day or that is required to be provided with a fire protection sprinkler system in accordance with fire protection codes or town ordinances, or any subdivision approved after November 10, 2004 and that had not had substantive Planning Board review as of November 10, 2004, that will allow for the construction of six (6) or more dwelling units or one or more principal buildings requiring site plan review, shall be connected to, and shall utilize, the public water
system, if the parcel upon which the development is located is within three thousand (3000) feet of a Portland Water District water main as measured along existing or proposed public rights-of-way from the existing main to the nearest corner of the parcel, and the parcel is located, in whole or in part, in any of the following zoning districts:
1. The Suburban Residential District
2. The Roadside Commercial District
3. The Commercial-Office District
4. The Industrial District
5. The Rural District
C. Provision for the Orderly Extension of the Public Water System
The Planning Board may require that a subdivision or a building subject to site plan review but not covered by A. or B. above, extend and/or utilize public water supply provided by the Portland Water District if the Board determines the provision of public water to this project is necessary for the orderly extension of the public water system or for the development of the area in accordance with the Town’s adopted Comprehensive Plan, and that such extension will not be financially unreasonable based upon the methodology set forth in subsection E..
D. Exemption from Public Water Supply Requirements
The Planning Board shall, by formal vote, exempt a development from the requirement to extend and/or use public water supply if it finds that any one of the following conditions is met:
1. That the Portland Water District has certified, in writing, that the District’s water system cannot provide adequate service for the project including provisions for fire protection sprinkler systems without a major investment in the District’s facilities that the District is not prepared to make in a timely fashion, or
2. That the cost of providing public water service for the project is unreasonable given the anticipated benefit. The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the Public Water Cost Per Unit (PWCU) exceeds the Maximum Private Water Cost Per Unit (MPWCU) based upon the methodology set forth in subsection E. The cost for providing public water service for a non-residential use or subdivision shall be deemed to be unreasonable if the estimated cost is more than twice the cost of an equivalent private water supply system including provisions for fire protection water supplies based upon the methodology set forth in subsection E, or
3. That the special provisions for utilizing private ground water supply in the Black Brook and Brackett Road Special Protection District will be met.
E. Determination of Unreasonable Cost
If a property owner or developer requests an exemption from the requirement to provide public water supply based upon the cost of providing public water supply, he/she shall submit an analysis of the estimated cost of providing public water service versus the cost of providing private water supplies.
The analysis shall be based upon the proposed development scenario as if the entire lot or parcel will be developed/subdivided and there is no potential for future additional development. The Planning Board may require that the analysis be based upon a full build-out scenario for the parcel that assumes that the entire parcel will be developed based upon the allowed zoning density with public water and cluster development, if appropriate, taking into consideration site constraints and town regulations. If only a portion of the lot or parcel is being proposed to be developed/subdivided, the analysis shall be based upon a full build-out scenario for the parcel that assumes that the entire parcel will be developed and that the area not currently proposed for development will be developed based upon the allowed
zoning density with public water and cluster development, if appropriate, taking into consideration site constraints and town regulations. The development scenario shall be submitted to the Town Planner and shall be subject to the Planner’s and Planning Board’s approval as a reasonable development scenario for the parcel.
1. Residential Developments -- The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the Public Water Cost Per Unit (PWCU) exceeds the Maximum Private Water Cost Per Unit (MPWCU) based upon the following methodology:
Step1. Determine the PUBLIC WATER COST PER UNIT (PWCU) based upon the following formula:
PWCU = (((((SL X $75) + (NL X $40))/UN) + $1,425) X CCIF) + (((LDG) X CCIF) + EX)/UN)
Where: SL = the lineal feet of new water main in an existing street,
NL = the lineal feet of new water main in a proposed street or right-of- way,
UN = the number of units in the development to be served,
CCIF = Construction Cost Inflation Factor
LDG = the estimated current cost for ledge trench at $20 per lineal foot times the estimated number of feet of ledge trench or other estimate of ledge removal cost approved by the Planning Board based upon field
knowledge/documentation provided by the applicant
EX = the estimated current cost for any extraordinary costs for the water service such as bridge crossings
and $75 is the typical cost per foot for a water main in an existing street, $40 is the typical cost per foot for a water main in a new street or right-of-way, and $1,425 is the typical average cost for a house service, and
CCIF = ENR CCI Current/ENR CCI 5-04 where ENR CCI Current is the ENR Construction Cost Index for the month in which the calculation is made as published in ENR (Engineering News-Record) magazine and ENR CCI 5-04 is the ENR Construction Cost Index for May 2004
Step 2. Determine the MAXIMUM PRIVATE WATER COST PER UNIT (MPWCU) based upon the following formula
MPWCU = (($5,500 X 2) + $5,000) X 1.1)X CCIF
Where: CCIF = Construction Cost Inflation Factor, and $5,500 is the typical developer cost for a well and $5000 is the typical cost for residential sprinkler system.
Step 3. Compare the calculated PWCU to the calculated MPWCU to determine if providing public water supply is reasonable.
2. Non-Residential Developments -- The cost for providing public water service for a non-residential use or subdivision shall be deemed to be unreasonable if the estimated cost for the public water supply is more than twice the cost of an equivalent private water supply system including provisions for fire protection water supplies. The analysis shall be prepared by a Maine licensed professional engineer based upon documented construction costs and reviewed and approved by the Portland Water District unless this requirement is waived by the Planning Board based upon the scale or nature of the development.
The cost for supplying public water shall include the estimated cost of any water main extensions and required upgrades to existing facilities as well as the cost for providing local water mains and services within the project and shall be reduced by any cost sharing by the Water District, any impact fee revenues available to fund the project, and any other potential sources of outside funding. In evaluating the reasonableness of providing public water service, the Planning Board shall consider the potential for cost sharing with any approved developments or any projects for which a pre-application or application has been filed. The cost for private water supplies shall include the cost for the private supplies, services, and any provisions for fire protection required by this Code or the fire protection or
building codes.
F. Responsibility and Standards for Extensions of the System
If a parcel or lot proposed for development or subdivision is required to be connected to, and utilize, the public water system, and a public water main is not available adjacent to the parcel or lot to provide the service, the owner or developer of the parcel or lot shall be responsible for extending a public water main within an adjacent public street or other public right-of-way approved by the Town Council to provide water service to the proposed building or subdivision at his/her cost. The extension shall be designed by a Maine licensed Professional Engineer, shall meet the design and construction standards of the Portland Water District, shall be constructed at the property owner’s or developer’s expense, shall be inspected in accordance with the requirements of the Water District, and shall be
transferred to the Portland Water District upon completion.
Any water main extension undertaken to comply with the requirements of this section shall include the installation of fire hydrants in accordance with the standards of the Gorham Fire Department and fire protection codes.
G. Town Council Waiver of Public Water Supply Requirements
The Town Council may waive the requirement for the use or extension of the public water system if the Council finds that: 1) the cost of providing public water will be an economic hardship for the property owner when compared to the benefits of such an extension, and 2) that the granting of such a waiver shall not adversely impact the orderly extension of the public water supply system nor create unnecessary fire protection risks for the property owner or adjacent properties.
A request for a waiver of the public water supply requirement shall be made in writing to the Town Manager within thirty (30) days of the Planning Board’s determination that public water shall be used/extended and prior to the approval of the final plan by the Planning Board. The request shall set forth the specific hardship that will result from compliance with the requirement.
In granting a waiver, the Town Council may impose conditions relative to the future use and development of the property or the provision of private fire protection water supplies. If a waiver is granted, any conditions imposed by the Council shall become conditions of approval of the plan if the plan is approved by the Planning Board and the conditions shall be listed on the approved plan.”
H. Areas Subject to Impact Fees
Where the extension of public water service has occurred or will occur prior to the approval of the development by the Planning Board, the applicant shall substitute the water supply portion of the impact fee per unit for the cost per unit of the water main extension covered by the impact fee in calculations under this Section. The owner or developer will remain responsible for the payment of the public water impact fee as well as being subject to any applicable requirements of this Section.
2) Amend Chapter II. Section V. G. 9) to read as follows:
“9) Public Water Supply and Fire Protection – When required by Chapter II. Section IX. a water main . . . .”
3) Amend Chapter IV. Section IX. H. Water Supply so that the first paragraph reads as follows:
“Water Supply – The development will be provided with a system of water supply that provides each use with an adequate supply of water meeting the standards of the State of Maine for drinking water. When required by Chapter II. Section IX., the project shall be served by public water provided by the Portland Water District.”
7 yeas.
Prior to the above action a motion by Councilor Phinney, seconded by Councilor Dugas to remove the second paragraph of section E failed of passage. 3 yeas. 4 nays (Willett, Loveitt, Justice and Dugas)
The Chairman declared a short recess. The meeting resumed at 9:15 p.m.
The meeting recessed for a public hearing on an application for a Mass Gathering License in the name of Reuben H. Howard, d/b/a Vacationland Dog Club, Inc. There was no public comment and the hearing closed at 9:16 p.m.
Item #7030. Moved by Councilor Willett, seconded by Councilor Robinson and ORDERED that the Town Council authorize the issuance of a Mass Gathering License in the name of Reuben H. Howard, d/b/a Vacationland Dog Club, Inc. at Wassamki Springs Campground May 21 and 22, 2005. 7 yeas.
The meeting recessed for a public hearing on a proposed Tannery Brook Park plan. There was no public comment and the hearing closed at 9:17 p.m.
Item #7031. Moved by councilor Phinney, seconded by Councilor Robinson and VOTED to postpone action regarding the proposed Tannery Brook Park plan until such time as the Town Manager brings the item forward again. 7 yeas.
The meeting recessed for a public hearing on a proposal to provide Assessing Services to the Town of Windham. There was no public comment and the hearing closed at 9:20 p.m.
Item #7032. Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to postpone action regarding a proposal to provide Assessing Service to the Town of Windham until such time as the Town manager brings the item forward again. 7 yeas.
Item #7033. Moved by Councilor Justice, seconded by Council Phinney and ORDERED that the Town Council accept an easement from S.B. Gorham, Inc. for the access road into Shaw Park, Shaw Park and a trail from Shaw Park to Gambo Falls. 7 yeas.
Item #7034. The order, as read aloud by the Town Clerk, was moved by Councilor Justice and seconded by Councilor Dugas. Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to amend the proposed order by adding “in substantially the form drafted” to the first sentence and “Be It Further Ordered that the Town of Gorham grant an easement to the Gorham-Sebago Lake Trust to access their property for the purpose of maintenance and monitoring their property.” 7 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council grant an easement in substantially the form drafted to Sappi for access to their property at Gambo Falls, and
BE IT FURTHER ORDERED that the Town of Gorham grant an easement to the Gorham-Sebago Lake Trust to access their property for the purpose of maintenance and monitoring their property. 7 yeas.
At this point Item #6993 was discussed and voted. The action taken under Item #6993 is shown in its proper consecutive order.
Item #7035. Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town Council approve the following resolution recognizing Cathryn Falwell for her art work and other contributions at Baxter Memorial Library:
WHEREAS, Cathryn Falwell is a recognized and talented local artist who created several new murals in the Youth Services area of the Baxter Memorial Library; and
WHEREAS, the Gorham Town council, the Baxter Memorial Library Trustees and the entire community appreciate the beauty and value of Cathryn Falwell’s murals; and
WHEREAS, Cathryn Falwell’s murals enhance the educational and nurturing environment of the Library for everyone using it; and
WHEREAS, Cathryn Falwell has dedicated one of her murals to the late Philip Hill, her friend and advisor on the mural project and a gentleman who also provided dedicated service to Gorham; and
WHEREAS, Cathryn Falwell has repeatedly taken the time to share her love of art with members of the community;
NOW, THEREFORE, BE IT RESOLVED, the Gorham Town Council recognizes Cathryn Falwell’s major artistic contributions to the community and to the Baxter Memorial Library Renovation Project and wishes to express its appreciation. 7 yeas.
Item #7036. The order, as read aloud by the Clerk, was moved by Councilor Phinney and seconded by Councilor Robinson. Moved by Councilor Robinson, seconded by Councilor Phinney and VOTED to amend the proposed order by adding the words “banks and similar institutions”. 7 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council ask the Ordinance Committee to review the Town’s requirements for sidewalks, review appropriate locations for sidewalks, review parking requirements for Banks and similar institutions and make appropriate recommendations to the Town Council. 7 yeas.
Item #7037. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council appropriate an amount, not to exceed $6,000, from the Capital Equipment Reserve Fund to purchase hardware and software to replace the Town’s old, outdated e-mail server. 7 yeas.
Item #7038. Moved by Councilor Robinson, seconded by Councilor Justice and ORDERED that the Town Council refer a proposal to amend the Land Use and Development Code by adding a new chapter entitled “Stormwater Management”, to the Ordinance Committee for their recommendation. 7 yeas.
Item #7039. Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town council accept the purchase of a new truck from Sebago Lake Chevrolet of Windham for the price of $21,879.00. 7 yeas.
Item #7040. There was no Council action taken other than discussion of a potential obstruction on the old Queen Street public easement.
Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to adjourn. 7 yeas. Time of adjournment - 10:00 p.m.
A TRUE RECORD OF MEETING Attest: D. Brenda Caldwell
Town Clerk
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