REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
September 7, 2004
The meeting opened with the Pledge of Allegiance to the flag.
Roll Call: Present: Chairman Loveitt; Councilors Hamblen, Phinney, Robinson, Justice, Willett and Dugas; David Cole, Town Manager and Brenda Caldwell, Town Clerk
Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to approve the Minutes of the August 3, 2004 Regular Meeting. 7 yeas.
There were no public communications. Councilor Phinney reported on a recent meeting of the Ordinance Committee where the usage of Gambo Road and a possible boat launch were discussed.
Chairman Loveitt reported on a workshop to be held on September 21st regarding the Question #1 (Tax Cap) on the November 2nd ballot., He also reported that, at a recent meeting of the Board of Directors of RWS a new Regional Waste Director was hired.
Fire Chief Lefebvre spoke on the heroic efforts of Patrolman Dan Young and Firefighter Mike Hoyt at a recent auto accident and presented a plaque to Jeremiah Merrill, a 14-year-old student from Gorham, who saved the life of a canoeist who fell into the North Gorham Pond.
The Town Manager reported that Baxter Memorial Library has secured the CD “First to Worst” CD and will be showing it on several dates after which it will be available to the public. He also reported that there will be a workshop on the impact of the tax cap on September 21st, as well as a report that Hans Hansen has submitted a citizen initiated petition of the Town. The Planning Board and the Town Council must hold a public hearing on this petition and it most likely will be on the November 2nd ballot.
Chairman Loveitt also reported that in October the Maine Library Association will hold a public event in Gorham with a panel of pro and con tax cap participants. Mrs. Palesky and Chairman Loveitt will both be on the panel, as well as others.
Old Business
Item #6993. Moved by Councilor Phinney, seconded by Councilor Willett and VOTED to postpone action regarding a request from Shaw Brothers to discontinue a portion of Gambo Road beginning at the eastern edge of the Bousquet property (Tax Map 72, Lot 17 ), thence northeasterly to the Presumpscot River to the October 5, 2004 meeting. 7 yeas.
New Business
The meeting recessed for a public hearing on an application for a Combined Massage Therapist /Establishment License in the name of Linda Ann Morris d/b/a Gorham Massage Therapy. There was no public comment and the hearing closed.
Item #7004. Moved by Councilor Dugas, seconded by Councilor Phinney and ORDERED that the Town Council authorize the issuance of a Combined Massage Therapist/Establishment License in the name of Linda Ann Morris d/b/a Gorham Massage Therapy to do business at 20 Mechanic Street, Gorham. 7 yeas.
The meeting recessed for a public hearing on an application for a Massage Therapist License in the name of Shahida P. Keen at Gorham Massage Therapy. There was no public comment and the hearing closed.
Item #7005. Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED that the Town Council authorize the issuance of a Massage Therapist License in the name of Shahida P. Keen to do business at Gorham Massage Therapy. 7 yeas.
The meeting recessed for a public hearing on an application for a Special Amusement Permit in the name of Sierra’s Restaurant. There was no public comment and the hearing closed.
Item #7006. Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the Town Council authorize the issuance of a Special Amusement Permit in the name of Sierra’s Restaurant. 7 yeas.
The meeting recessed for a public hearing on an application of Sierra’s Restaurant for a Coin Operated Amusement Device Permit for six (6) machines. There was no public comment and the hearing closed.
Item #7007. Moved by Councilor Robinson, seconded by Councilor Willett and ORDERED that the Town Council authorize the issuance of a Coin Operated Amusement Device Permit for six (6) machines to Sierra’s Restaurant. 7 yeas.
The meeting recessed for a public hearing on an application for a Class II Victualer’s License in the name of Nick & Liz Pelletier, d/b/a Bruni’s Variety at 359B Sebago Lake Road. There was no public comment and the hearing closed.
tem #7008. Moved by Councilor Dugas, seconded by Councilor Willett and ORDERED that the Town Council authorize the issuance of a Class II Victualer’s License to Nick and Liz Pelletier d/b/a Bruni’s Variety at 359B Sebago Lake Road. 7 yeas.
The meeting recessed for a public hearing on an application for a Class II Victualer’s License in the name of Jessica Robinson, d/b/a The Bee’s Knees at 4 Main Street. There was no comment and the hearing closed.
Item #7009. Moved by Councilor Dugas, seconded by Councilor Willett and ORDERED that the Town Council authorize the issuance of a Class II Victualer’s License in the name of Jessica Robinson d/b/a The Bee’s Knees at 4 Main Street. 7 yeas.
The meeting recessed for a public hearing on an application for a Class II Victualer’s License in the name of Susan Duchaine, d/b/a The Fry Guy at Narragansett Street (formerly Uncle Earle’s). There was no public comment and the hearing closed.
Item #7010. The item, as read aloud by the Clerk, was moved by Councilor Phinney and seconded by Councilor Robinson. Moved by Councilor Justice, seconded by Councilor Robinson and VOTED to postpone action regarding an application for a Class II Victualer’s License in the name of Susan Duchaine, d/b/a The Fry Guy at Narragansett Street (formerly Uncle Earle’s) to the October 5th meeting of the Council. 5 yeas. 2 nays (Hamblen and Justice).
Item #7011. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive the Clerk reading aloud the proposed order. 7 yeas. Moved by Councilor Justice, seconded by Councilor Dugas and VOTED that
WHEREAS, on October 2, 2003, S.D. Warren Company was issued a new license for the 1,900 kilowatt (KW) Gambo Project number 2931, located on the Presumpscot River, and
WHEREAS, S.D. Warren’s license is for a 40-year period, and
WHEREAS, S.D. Warren’s license requires it to plan for and develop certain recreational facilities including a carry-out boat access, and
WHEREAS, S.W. Warren’s representative advised the Gorham Town Council at their August 3, 2004 Council meeting that S.D. Warren would like to develop a boat launch at the end of Gambo Road, and
WHEREAS, S.D. Warren has never formally requested permission from the Town of Gorham to develop a carry-out boat access at the end of Gambo Road, and
WHEREAS, S.D. Warren has other viable options for developing a carry-out board access, and
WHEREAS, the Town of Gorham, for approximately 15 or more years has not provided any summer or winter road maintenance for the end of Gambo Road, including not plowing or sanding the road to make it passable during the winter, and
WHEREAS, the State of Maine, Town of Windham and the Town of Gorham are developing a pedestrian bridge at Gambo Falls to encourage non vehicular activities associated with the Mountain Division Trail, and
WHEREAS, encouraging vehicular traffic at the end of Gambo Road would adversely affect pedestrian, bicycle, snowmobile and other recreational use of this bridge and trail system, and
WHEREAS, the Town of Gorham does not believe there is adequate space within the public right-of-way or on Town-owned property at the end of Gambo Road to safely accommodate vehicles towing or carrying boats,
NOW, THEREFORE, BE IT RESOLVED that the Gorham Town Council finds it is not in the public interest to allow S.D. Warren to develop a carry-out boat access, or other public facilities at the end of Gambo Road and strongly encourages S.D. Warren to develop appropriate facilities at another location. 7 yeas.
Prior to discussion on Item #7012 Councilor Phinney disclosed that his father sold the property on Morrill Avenue that is now being developed and that most of the materials used in the construction will be coming from Phinney Lumber. He felt that would not influence his decision and the Council agreed that he should take part in the discussion and voting under this item.
Item #7012. A motion by Councilor Willett, seconded by Councilor Justice to refer a request from Mary Ellen Vallentine to limit the weight and size of trucks using Morrill Avenue, to the Economic Development/Capital Improvements Committee for their recommendation FAILED OF PASSAGE. 0 yeas. 7 nays.
Item #7013. Moved by Councilor Phinney, seconded by Councilor Willett and ORDERED that the Town Council refer a request from the Parks and Conservation Commission to adopt a proposed Master Plan for the former Gorham Savings Bank land, so called, located off Gray Road, to the Economic Development/Capital Improvements Committee for their recommendations. 7 yeas.
Item #7014. The order, as read aloud by the Clerk was moved by Councilor Robinson and seconded by Councilor Phinney. Moved by Councilor Willett, seconded by Councilor Justice and VOTED to amend the proposed order by deleting paragraph 6. 4 yeas. 3 nays (Robinson, Phinney and Dugas).
The order, as amended, was then VOTED resulting in the following:
WHEREAS, on June 8, the people of Maine decisively approved a referendum question (hereinafter called “Question #1”) requiring the State of Maine to pay a full 55% of local education costs; and
WHEREAS, this has been long sought by Maine municipalities due to the legislature’s continual inability to meet this goal, which was established in law by the Maine legislature in 1984; and
WHEREAS, the impact of the legislature’s failure in fully-funding their portion of local education costs has been a significant reason for the State’s high property tax rate, which has greatly burdened residents and businesses; and
WHEREAS, the Town of Gorham, along with other municipalities in Maine, have long desired to reduce property taxes but have been unable to do so without sufficient State funding for education; and
WHEREAS, the Legislature has discussed providing only partial funding instead of full funding of this law;
NOW, THEREFORE, BE IT RESOLVED, that the Gorham Town Council hereby requests the Governor and the 122nd Maine Legislature to fully implement the will of the people as expressed through the passage of Question #1. 6 yeas. 1 nay (Robinson)
Prior to the above vote a motion by Councilor Hamblen, seconded by Councilor Willett to delete all but the last paragraph failed of passage. 1 yea. 6 nays (Dugas, Justice, Willett, Loveitt, Phinney and Robinson).
Item #7015. Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED that the Town Council refer a proposal for Gorham to provide Assessing Service to the Town of Windham to the Finance Committee for their recommendation. 7 yeas.
Item #7016. Moved by Councilor Phinney, seconded by Councilor Willett and VOTED to waive the Clerk reading aloud the proposed order. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED that
WHEREAS, Carol Palesky and the Maine Taxpayers Action Network ran a petition drive to place a property tax cap before the voters this November, and
WHEREAS, this proposal is very similar to legislation that was approved in California in 1978 and
WHEREAS, the legislation in California, known as Proposition 13, has contributed to California having one of the worst public education systems in the country, a national ranking as one of the worst business climates in the United States, led to the creation of many additional layers of government to provide traditional governmental services, contributed to a California sales tax rate that is 40% higher than Maine sales tax, and
WHEREAS, the Gorham Town Council believed that the Palesky Tax Cap would provide a large tax break to out-of-state property owners, who currently pay 20% of all property taxes, leaving traditional Maine property taxpayers to either pick up the cost or face greatly reduced services, and
WHEREAS, the Palesky Tax Cap would create an unfair tax structure that could tax people who live beside each other differently and unequally, and
WHEREAS, the Tax Cap May hurt Gorham’s credit rating over time costing tax payers more money if the Town needed to borrow funds to provide necessary facilities or address an emergency, and
WHEREAS, the Gorham Town Council recognizes that people have a valid concern about high property taxes and the need for real, genuine, and thoughtful tax reform, but believes the Palesky Tax Cap will block tax reform instead of encouraging real tax reform,
NOW THEREFORE BE IT RESOLVED that the Gorham Town Council encourages people to vote against the Tax Cap referendum on November 2 and
BE IT FURTHER RESOLVED that the Town Council calls upon the Maine Legislature and specifically, Gorham’s representatives to the Maine Legislature, to pass thoughtful, constructive, and meaningful tax reform that will address high property taxes and Maine’s poorly constructed tax structure, and
BE IT FURTHER RESOLVED that the Town Council authorize the Town Manager to participate in such activities that are deemed necessary and appropriate in the furtherance of this resolution. 6 yeas. 1 nay (Hamblen).
Item #7017. Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Town Council appoint David O. Cole as the Voting Delegate for Gorham at the MMA Annual Business Meeting to be held October 6, 2004 and D. Brenda Caldwell as the Alternate Voting Delegate. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn. Time of adjournment - 9:00 p.m.
A TRUE RECORD OF MEETING Attest:
D. Brenda Caldwell
Town Clerk
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