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08/03/2004 Minutes
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
August 3, 2004  

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

Roll Call:  Present:  Chairman Loveitt; Councilors Hamblen (NOTE:  Councilor Hamblen was absent at roll call but arrived at 7:10 p.m. during the Public Communications), Phinney, Robinson, Justice and Dugas; David Cole, Town Manager and Brenda Caldwell, Town Clerk
                Absent:   Councilor Willett

       Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to approve the Minutes of the July 6, 2004 Regular Meeting.  5 yeas.

        Mary Ellen Valentine spoke regarding large trucks traveling on Morrill Avenue.  She requested that the Town require the trucks to use Access Road instead of Morrill Avenue and that signs not allowing trucks be placed on Morrill Avenue.

        There were no Council communications.  There was no Chairman’s report.
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       The Town Manager reported that he has recently presented a 5-year service pin to Mike D’Arcangelo; 10-year service pins to Deborah Fossum, Dean Belanger, and Dana Thompson; and a 15-year service pin to Chris Sanborn.  He also announced that the repairs to the roof at the White Rock Fire Station are complete and that Family Fair Day is coming up soon.

        The meeting recessed for a public hearing on a request from Shaw Brothers to discontinue a portion of Gambo Road as a public way beginning at the eastern edge of the Bousquet property (Tax Map 72, Lot 17 ), thence northeasterly to the Presumpscot River.  Tom Howard spoke on behalf of Sappi stating that Sappi has filed plans that include a public boat launch in that area as part of their application to renew their hydrodam license.  He asked that the Council either allow the Shaw Park boat launch to be used as a public boat launch or to compensate Sappi for the additional costs they will incur to build their boat launch elsewhere.

               Dan Shaw also spoke reminding the Council that one of the requirements in the agreement with the Town for Shaw Park is that the area will be open to Gorham residents only.  It was his opinion that Sappi could build the boat launch on other property they own.

        There was no other public comment and the hearing closed at 7:40 p.m.

Item #6993.  The order, as read aloud by the Clerk, was moved by Councilor Dugas and seconded by Councilor Justice.     Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to refer the matter of the discontinuance of a portion of Gambo Road to the Ordinance Committee for their recommendation in terms of the appropriate action for the status of Gambo Road and any improvements to it that may have occurred.  4 yeas.  1 nay (Hamblen)

       Item #6994.  Moved by Councilor Dugas, seconded by Councilor Phinney and ORDERED that the Town Council authorize the renewal of a  Malt, Spirituous and Vinous Liquor License for 2005 to Sierra’s.  6 yeas.

Item #6995.  Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council forward a request from Shaw Brothers to amend the Land use and Development Code to allow zero setback from Shaw Brothers H Pit, to the MDOT Multimodel Trail, Shaw Park and the Shaw Park new access road, to the Planning Board for public hearing and the Planning Board’s recommendation.  6 yeas.

Item #6996.  Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council refer a proposal to amend the Land Use and Development Code to insert a new provision in Chapter II named “The Provision of Public Water Supply” to the Planning Board for public hearing and their recommendation.  6 yeas.
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Item #6997.  Moved by Councilor Robinson, seconded by Councilor Dugas and ORDERED that the Town Council vote for the 2005 members of the Executive Committee of the Maine Municipal Association, as presented.  6 yeas.
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Item #6998.  Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED that the Town Council vote for Sylvia Most and David Cole as representatives to the Maine Municipal Association Legislative Policy Committee.  6 yeas.
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Item #6999.  A motion by Councilor Justice, seconded by Councilor Dugas to ask the Ordinance Committee to review the Town’s Ordinances that allow for dead end public and private roads to determine if emergency access and fire suppression capabilities are adequately provided for and to make appropriate recommendations on proposed amendments to the Town Council FAILED OF PASSAGE.  3 yeas.  3 nays (Phinney, Hamblen and Loveitt).
Item #7000.  Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED that the Town Council appoint Sarah Plummer to a three-year term on the Recycling Committee, said term to expire April 1, 2007.  6 yeas

        Prior to discussion of the next Item Chairman Loveitt revealed that his daughter lives on the street to be considered but that he did not feel that would influence his vote.  The Council agreed he should take part in the discussion and voting under Item #7001.

Item #7001.  Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council authorize the name of Camp Road #1, located off Kemp Road, be changed to Eagle Cove Road.  6 yeas.

       Item #7002.  Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council authorize that a letter be sent to the Commissioners of Cumberland County concerning the impact of a property tax cap.  6 yeas.

        After the vote on the previous Item the Council set the date of September 21, 2004 for a workshop on the proposed tax cap.

       Item #7003.  Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that pursuant to Title 36, M.R.S.A., Section 841, the Town Council go into executive session for the purpose of hearing an application for abatement of taxes based on poverty.  6 yeas.

        Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to deny Application #04-05 for an abatement of taxes, based on poverty, because the applicant requested an abatement for two acres of undeveloped land and the applicant could sell that land and use the proceeds to contribute to the public charge.  6 yeas.

        Moved by Councilor Hamblen, seconded by Councilor Justice and VOTED to adjourn.  Time of adjournment - 8:35 p.m.

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