REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
July 6, 2004
The meeting opened with the Pledge of Allegiance to the flag.
Roll Call of the Huston-Waterman Trust Fund Trustees: Present: Loveitt; Hamblen, Robinson, Phinney, Justice and Dugas.
Absent: Willett
Item # 6991. The Item as read was moved by Councilor Dugas, seconded by Councilor Justice
and VOTED to authorize an expenditure of $216 for repairs to a refrigerator. 6 yeas.
Roll Call of the Council: Present Chairman Loveitt, Councilors Hamblen, Robinson, Phinney, Justice Dugas and Willett (7:10 PM)
Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to approve the Minutes of the June 1, 2004 Regular Meeting and the June 15, 2004 Special Meeting. 6 yeas.
In response to Hans Hansen’s request for Town Reports, Town Manager David Cole presented 4 years of reports which Mr. Hansen could pick at the Manager’s office. Kelly Vitaglia of North Gorham requested that the Town review the Dog Ordinance regarding a mandatory lease provision. Jack McGraw asked when the signage and stripping would occur on Elm Street and Railroad Avenue.
There were no Council communications.
Chairman Loveitt reported that at the RWS annual Board meeting the operating budget for the up coming year was approved. Chairman Loveitt has met with the Waterhouse Road residents regarding the wood furnace and feels that the issues can be worked out with the parties.
The Town Manager reported that Peter Bingham of the Recreation Department has been recognized with a 5 year service pin. The road project at the corner of Mechanic Street is complete; he then recognized Neil Allen, Executive Director of the Greater Portland Council of Governments. Mr. Allen presented the Town of Gorham with four plaques recognizing Gorham for Best practices in Municipal Collaboration; Regional Transportation regarding the Mountain Trail system; joining with 14 other municipalities who came together to meet the Federal Storm Water Requirements; and, Public Works Directors for their equipment sharing program.
The meeting recessed for a public hearing on a proposal to rezone a parcel of land, owned by Joseph Guimond, at 680 Main Street and additional land, easterly to the Westbrook line, including properties of Cutter and Rines, from Rural to Roadside Commercial for a depth of 500 feet. There was no public comment and the public hearing closed.
Item #6982. The Item as presented was moved by Councilor Dugas and seconded by Councilor Justice. Moved by Councilor Justice, seconded by Councilor Phinney and VOTED to amend the proposed Order by adding the following after the word Development “and further described as the Southwest edge to coincide with the northeast edge of the highway right of way between the Walnut Crest Road and the westerly corner of land of Cutter, then deflecting southerly (following the highway right of way line to its arrival at the Westbrook line) to its arrival at the Westbrook municipal boundary:
The easterly edge of the Walnut Crest Road right-of-way is to be the westerly edge of the added Commercial Zone.
The entire length of the northeast edge of the new Commercial Zone is to be aligned parallel to, and 500 feet Northerly from, that part of the northeast edge of Lower Main Street right-of-way line which is inland (Westerly) from Cutter’s.
The length of the northeasterly boundary of the new Commercial Zone, (beginning at the southeasterly edge of the Walnut Crest Road right-of-way) is determined by its point of intersection with the Westbrook municipal boundary.
The easterly edge of this commercial zone shall coincide with the Gorham/Westbrook municipal boundary as it is now, or may later be determined.” 7 yeas.
The Item, as amended, was then VOTED resulting in the following:
Whereas, Joseph Guimond owns land at 680 Main Street that is in the Rural Zone, and
Whereas, Mr. Guimond requested that his land at 680 Main Street be rezoned to the Roadside Commercial Zone, and
Whereas, the Town believes that the land adjacent to Mr. Guimond’s property, easterly to the Westbrook line should be zoned consistent with Mr. Guimond’s land, and
Whereas, the Planning Board, after public hearing, recommended that the Town Council approve this proposal, and
Whereas, the Town Council finds that it is in the Town’s best interest to have additional land zoned for Roadside Commercial Development, and
Whereas, the Town Council find that the request is consisted with the Town’s Comprehensive Plan,
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 Official Zoning Map of the Town of Gorham
1) Amend the official zoning map of the Town of Gorham to rezone additional land Roadside Commercial Development, and further described as the Southwest edge to coincide with the northeast edge of the highway right of way between the Walnut Crest Road and the westerly corner of land of Cutter, then deflecting southerly (following the highway right of way line to its arrival at the Westbrook line) to its arrival at the Westbrook municipal boundary:
The easterly edge of the Walnut Crest Road right-of-way is to be the westerly edge of the added Commercial Zone.
The entire length of the northeast edge of the new Commercial Zone is to be aligned parallel to, and 500 feet Northerly from, that part of the northeast edge of Lower Main Street right-of-way line which is inland (Westerly_ from Cutter’s.
The length of the northeasterly boundary of the new Commercial Zone, (beginning at the southeasterly edge of the Walnut Crest Road right-of-way) is determined by its point of intersection with the Westbrook municipal boundary.
The easterly edge of this commercial zone shall coincide with the Gorham/Westbrook municipal boundary as it is now, or may later be determined. 7 yeas.
The meeting recessed for public hearing #2 regarding the renewal of Victualer’s Licenses. There was no public comment and the public hearing closed at 7:32 PM.
Item #6983. Moved by Councilor Phinney and seconded by Councilor Robinson and VOTED that the Town Council authorize the renewal of the following Victualer’s Licenses for 2004:
Christena L. Verrill d/b/a Gorham Football Boosters
Lyle Tracy d/b/a Gorham Youth Soccer Association
Yong H. Chen d/b/a Jan Mee II 7 yeas.
Item #6984. Moved by Councilor Justice and seconded by Councilor Dugas and VOTED that the Town Council authorize the renewal of a Malt, Vinous Liquor License to Angelo Sotiropoulos, d/b/a Gorham House of Pizza. 7 yeas
Item #6985. The order as read aloud was moved by Councilor Dugas and seconded by Councilor Phinney. Moved by Councilor Justice and seconded by Councilor Phinney to amend the proposed order by adding that the Town Council refer a request from Shaw Brothers to amend the Land Use and Development Code by allowing a zero setback to Shaw Brothers H Pit, MDOT Multi Trail, Shaw Park and new access road, to the Ordinance Committee for their recommendation. 7 yeas.
The order as amended was VOTED resulting in the following:
Ordered that the Town Council schedule a public hearing for August 3, 2004 to consider a request from Shaw Brothers to discontinue a portion of Gambo Road as a public way and,
Be It Further Ordered, that the Town Council refer a request from Shaw Brothers to amend the Land Use & Development Code by allowing a zero setback to Shaw Brothers H Pit, MDOT Multimodel Trail, Shaw Park and new access road, to the Ordinance Committee for their recommendation. 7 yeas.
Item #6986. Moved by Councilor Dugas and seconded by Councilor Robinson and VOTED that
Whereas, the Gorham School Committee and the Gorham School Department have presented an elaborate athletic facilities conceptual plan for the so-called Chick property, and
Whereas, the proposed facility represents a great public investment thought to be in the millions of dollars, and
Whereas, such an expenditure would place a great burden upon the taxpayers of Gorham, and
Whereas, there are many needed public improvements in Town and funds for this proposal are not anticipated to become available in the near term,
Now, Therefore, Be It Resolved that the Town Council does not support this plan and does not encourage its further consideration. 6 yeas 1 nay (Justice)
Prior to the above vote a motion to amend the proposed order to read “The Town Council hereby requests that the School Committee postpone further consideration of the Athletic Field Facilities Conceptual Plan on the Chick Property until such time as the Town Council appoints an Athletic Master Plan Committee as recommended in the Town’s Long Range Facilities Plan.” FAILED of passage 2 yeas. 5 nays (Hamblen, Robinson, Phinney, Loveitt, Dugas)
Item #6987. Moved by Councilor Dugas, seconded by Councilor Phinney and VOTED that the Town Council forward a proposal to amend 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. 7 yeas.
Item #6988. Moved by Councilor Hamblen, seconded by Councilor Phinney and VOTED that the Town Council authorize an appropriation of $2,500 from Unexpended Funds in the Debt Service - Interest Account of the 2003/2004 Budget, as a one-time appropriation, for the North Gorham Library to help the Library enhance their computer system. 7 yeas.
Item #6989. Moved by Councilor Phinney and seconded by Councilor Willett and VOTED that the Town Council nominate David Cole to serve on the Maine Municipal Association’s Legislative Policy Committee. 7 yeas.
Item #6990. Moved by Councilor Dugas, seconded by Councilor Robinson and VOTED that the Town Council authorize the Town to write-off personal property taxes of:
1. Financial Federal Credit, Inc. - $7,577.74 for tax year 2000/20001
2. G.E. Capital Corp. - $555.06 for tax year 2001/2002
3. Hill-Loma - $721.45 for tax year 2001/2002 7 yeas.
Item # 6992. Moved by Councilor Justice, seconded by Councilor Phinney to waived the Rules and take up an item not on the agenda. 7 yeas. Moved by Councilor Justice, seconded by Councilor Phinney and VOTED that the Town Council authorize the Town Manager to sign a contract with PDT Architect to provide strategic planning and architectural services for the Shaw School Community Center project for an amount not to exceed $166, 885. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn. 7 yeas. Time of adjournment - 8:50 p.m.
A TRUE RECORD OF MEETING
Attest:
Cornelia C. Loughran
Deputy Town Clerk
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