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REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
February 3, 2004
The meeting opened with the Pledge of Allegiance to the flag.
Roll Call: Present: Chairman Loveitt; Councilors Hamblen, Robinson, Phinney, Willett and Dugas; David Cole, Town Manager and Brenda Caldwell, Town Clerk.
Absent: Councilor Justice
Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to accept the Minutes of the January 6, 2004 Regular Meeting and the January 13, 2004 Special Meeting as printed and distributed. 6 yeas.
There were no public communications.
Councilor Dugas encouraged everyone to check their telephone bills as he had calls on his recent bill which he had not made. Councilor Willett reported on the last Middle School Building Committee which was held last month. She thanked all volunteers for their many hours of going to meetings and their hard work in getting the school built. Councilor Phinney reported on a recent Ordinance Committee meeting where several items were discussed, one being the Mechanic Street/Railroad Avenue area. Councilor Hamblen reported that the Finance Committee recently met with the auditors. He congratulated Town staff on a good audit report.
Chairman Loveitt reported on a recent RWS Board of Directors meeting where some of the problems RWS is experiencing was discussed and how the Board is working to resolve these issues. He also reported that the Shaw School Committee recent met and they are doing everything they can to move the project along, as well as looking at cost savings. His report also included the announcement that the asbestos abatement procedure has been started.
The Town Manager reported that RWS has hired an independent consultant to review their operations; that the sidewalk grant application authorized last month has been filed and that Moody
The meeting recessed for a public hearing on a request by Dana Lampron to rezone property off Ossipee Trail from Suburban Residential/Manufactured Housing to Roadside Commercial to create an auto sales lot for Ossipee Trail Motors located at 439 Ossipee Trail (Tax Map 76, lot 27.003). Three members of the public, including Mr. Lampron, spoke, two in favor of this rezoning and one in opposition to it. The hearing closed at 7:25 p.m.
Item #6910. The order, as read aloud by the Clerk, was moved by Councilor Dugas and seconded by Councilor Hamblen. Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED to amend the proposed order by striking the words “not” and “as recommended by the Planning Board”. 4 yeas. 2 nays (Hamblen and Willett).
Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to further amend the proposed order by substituting Route 25 for Route 114. 6 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council approve a request from Dana Lampron to rezone land at the corner of Dingley Spring Road and Route 25 (Tax Map 76, lot 27-3) from the Suburban Residential Zone to the Roadside Commercial Zone. 4 yeas. 2 nays (Hamblen and Willett).
The meeting recessed for a public hearing on a proposed amendment to the Land Use and Development Code, Chapter III, Subdivision, Section IV, Final Plan I, (c) to increase the amount of the required performance guarantee and retainage from 100% to 125%. There was no public comment and the hearing closed at 7:40 p.m.
Item #6911. Moved by Councilor Phinney, seconded by Councilor Willett and VOTED that
WHEREAS, the Town of Gorham requires developers to furnish a performance guarantee to protect the public interest and ensure the installation of proposed public and semi-public improvements, and
WHEREAS, in some instances, a significant amount of time can elapse between furnishing the performance guarantee and the actual construction of the public improvement allowing inflation to increase the cost of the public improvement, and
WHEREAS, the estimated cost of the public improvement can be inaccurate and below the actual cost of the public improvement, and
WHEREAS, it is in the public interest to ensure that the cost of the public improvement is fully covered, and
WHEREAS, the Town Council concludes that the proposal is consistent with the Town
WHEREAS, the Planning Board, after public hearing, unanimously recommended approval,
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 Chapter III, Section IV of the Land use and Development Code to Increase the Amount of the Performance Guarantee.
1) Amend Chapter III, Subdivisions, Section IV, Final Plan I (c) by changing the amount of the performance guarantee from 100% to 125%. 6 yeas.
Item #6912. Moved by Councilor Dugas, seconded by Councilor Phinney and ORDERED that the Town Council forward a proposal to amend the Black Brook Special Protection District of the Land Use and Development Code, as proposed, to the Planning Board for public hearing and their recommendation. 6 yeas.
Item #6913. The order, as read aloud by the Town Clerk, was moved by Councilor Dugas, seconded by Councilor Phinney. Moved by councilor Hamblen, seconded by Councilor Willett and VOTED to postpone action on the acceptance of Bradford Drive, Matthew Drive, Craig Drive and a portion of Quincy Drive located in Phase 2 of Heartwood Subdivision as public roads to the March meeting of the Council. 5 yeas. 1 nay (Loveitt)
Item #6914. Prior to discussion on this item Councilor Robinson excused himself from discussion and voting on this issue as he is one of the Board of Directors of the Dingley Spring Water District.
Moved by Councilor Phinney, seconded by Councilor Dugas and ORDERED that the Town Council accept the report of the Economic Development Committee concerning the feasibility of extending a water main into the Dingley Spring area, and
BE IT FURTHER ORDERED that the Town take no further action at this time. 5 yeas. 1 abstention (Robinson).
Item #6915. Moved by councilor Phinney, seconded by Councilor Dugas and VOTED to waive the Clerk reading aloud the prepared order. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED that
WHEREAS, the Town of Gorham and Pettingill Group, LLC (the “Company”) and D&G/P-R Company d/b/a Pettingill-Ross Co. (the “Corporation”), desire to enter into an Inducement Agreement providing for the issuance of up to Two Million Dollars ($2,000,000) of revenue obligation securities in order to finance the Project more specifically described herein.
NOW, THEREFORE, BE IT ORDERED by the Town Council of the Town of Gorham that:
1. The Treasurer or the Chair of the Town Council of the Town of Gorham (the “Issuer”)be and hereby are authorized to execute and deliver, on behalf of the Issuer, an Inducement Agreement (substantially in the form attached hereto and incorporated herein by reference) among the Issuer and Pettingill Group, LLC and D&G/P-R Company d/b/a Pettingill-Ross Co., which Agreement provides for the issuance by the Insurer of up to Two Million Dollars ($2,000,000) of its Revenue Obligation Securities, the proceeds of which will be loaned to Pettingill Group, LLC and/or D&G/P-R Company, d/b/a Pettingill-Ross Co., to be used to acquire, improve, rehabilitate, construct and equip a manufacturing facility located at 20 Hutcherson Drive in Gorham, which property may be leased by the Company to
the Corporation or other party.
2. The Issuer, acting through its Town Council, hereby evidences its present intent to issue its Revenue Obligation Securities in an amount not to exceed $2,000,000 upon the conditions set forth in the Inducement Agreement and subject to the approval of the Finance Authority of Maine, and further orders that the Issuer be and hereby is authorized to prepare and to submit to the Finance Authority of Maine on behalf of the Issuer a municipal application or any amendment to a municipal application seeking approval for the issuance of such Revenue Obligation Securities, and to take all such other steps as the Issuer may deem necessary, appropriate or convenient in order to obtain a certificate of approval from the Finance Authority of Maine pursuant to Section 1063 of Title 10 of the Maine Revised
Statutes.
3. That while this Inducement Resolution is intended to evidence the Issuer
4. That the Revenue Obligation Securities, if, as, and when issued shall not directly or indirectly obligate the Issuer to levy or to pledge any form of taxation whatsoever therefore, or to make any appropriation for their payment, and shall not constitute any debt or liability of the Issuer, or a pledge of the faith and credit of the Issuer, but shall be payable solely from revenues of the Project.
5. That this Order and the attached Inducement Agreement constitute the Issuer
Item #6916. The order, as read aloud by the Clerk, was moved by Councilor Dugas and seconded by Councilor Hamblen. Moved by Councilor Robinson, seconded by Councilor Phinney and VOTED to add “received without endorsement” to the proposed order. 6 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council receive, without endorsement, the petition from residents of Brackett Road and lower Libby Avenue asking the Town to rescind the proposal to expand these roads and requesting a continuation of regular maintenance. 6 yeas.
Item #6917. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council accept funds for the purpose of establishing the Arthur and Jane Fogg Memorial Scholarship Fund to be administered in accordance with the guidelines specified in a letter dated January 23, 2004 from David Arthur Fogg. 6 yeas.
Item #6918. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council request that the PACTs Boundary Line within the Town of Gorham remain unchanged. 6 yeas.
Item #6919. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council approve a permit for project NH-1142(900)E for a Hotmix paving overlay project on Route 25. 6 yeas
Item #6920. Moved by Councilor Phinney, seconded by Councilor Dugas and ORDERED that the Town Council refer a request to explore the possibilities to extending a water main out Fort Hill Road to Huston Road to the Council
Prior to the above vote a motion by Councilor Robinson to send this item to a Councilor workshop instead of the Economic Development Committee FAILED DUE TO LACK OF SECOND.
Item #6921. A motion by Councilor Robinson, seconded by Councilor Phinney that the Town Council refer a request from Les Berry, on behalf of Chase Homes, Inc. to change the zoning of a parcel of land on South Street (Tax Map 21, lot 16) from the Rural Zone to the Suburban Residential Zone, to the Ordinance Committee for their recommendation FAILED OF PASSAGE. 3 yeas. 3 nays (Willett, Phinney and Robinson).
Item #6922. The order, as read aloud by the Clerk, was moved by Councilor Willett and seconded by Councilor Phinney. Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to amend the proposed order by changing “20-30” to “not more than 30 meters”. 6 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED, that the Town Council authorize the Town to hire a contractor to remove trees from a not more than 30 meter section on a parcel of Town-owned land (Tax Map 19, Lot 4 and Tax Map 39, lot 46) to conceptually delineate a potential location for a future roadway from Narragansett Street to Weeks Road, provided that the Town not incur any costs. 6 yeas.
Item #6923. The order, as read aloud by the Clerk, was moved by Councilor Robinson and seconded by Councilor Dugas. Moved by Councilor Robinson, seconded by Councilor Phinney and VOTED to refer this item regarding an amendment to the Administrative Code to have the Tax Assessor appointed and supervised by the Town Manager to the Personnel Board. 6 yeas.
Item #6924. Moved by Councilor Phinney, seconded by Councilor Robinson 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 two applications for abatement of taxes based on poverty, and
BE IT FURTHER ORDERED that the Town Council go into executive session pursuant to Title 1, M.R.S.A., Section 405 (6) (E) to discuss a legal issue. 6 yeas
Moved by Councilor Dugas, seconded by Councilor Hamblen and ORDERED that the Town Council grant an abatement of taxes, interest and lien costs to applicant 04-02 for 2002. 6 yeas.
Moved by Councilor Robinson, seconded by Councilor Dugas and ORDERED that the Town Council deny an application for an abatement of taxes to applicant 04-04 because the applicant had sufficient resources to contribute to the public charge and the applicant has not filed for the Maine Tax Refund Program. 6 yeas.
Moved by Councilor Willett, seconded by Councilor Robinson and VOTED to adjourn. Time of adjournment - 10:45 p.m.
A TRUE RECORD OF MEETING
Attest: D. Brenda Caldwell
Town Clerk
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