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12/06/2005 Town Council Regular Meeting Minutes
        
REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL December 6, 2005

Chairman Phinney opened the meeting at 7:03 pm with the Pledge of Allegiance.

Roll Call:  Present:  Chairman Phinney; Councilors Dugas, Justice, Willett, Loveitt, Robinson, & Hamblen, Town Manager, David Cole, and Town Clerk, Christina Silberman.  

Moved by Councilor Justice, seconded by Councilor Willett, and VOTED to accept the minutes of the November 1, 2005 Regular Meeting & the November 15, 2005 Organizational Meeting.  7yeas  (The acceptance of the minutes occurred after Councilor Communications.)

Open Public Communications

Chairman Phinney explained that a new category will be added to future town council agendas for the School Committee to give a report.  

Jim Hager, newly elected School Committee Chairman, gave a report.  The School Committee is working to improve communication with the Town Council.  The Superintendent has formed an ad hoc committee to discuss space concerns and the White Rock School renovation.  Council Chairman Michael Phinney and Councilor Burleigh Loveitt are serving on this committee.  Mr. Hager asked if the council could workshop with the school committee sometime in January regarding the budget.  Citizens are encouraged to visit the website, www.gorhamschools.org, for information on School Committee meetings.  Councilor Robinson asked if this ad hoc committee is council related.  Mr. Hager explained that this is a citizen-based committee and that Chairman Phinney & Councilor Loveitt serve as community members and not as council representatives.

Councilor Communications

Councilor Robinson stated that his term expires in 2006 and he will not be running for another term but he will continue to be active in town government.  He wants citizens to have ample notice that there will be a vacancy on the Council and there are 10 months left for anyone interested in running to learn about council procedures.  He reported on the Recreation Advisory Board meeting.  The committee is excited about upcoming programs and there are many programs up and running.  Councilor Robinson also reported that the Capital Improvements Committee met and that item is on tonight’s agenda that he will discuss later.

Councilor Loveitt spoke about a letter from the Gorham Ecumenical Commission asking for pantry space.   He will give the letter to the clerk to copy and distribute.  He is meeting with the Maine Turnpike Authority and the Department of Transportation regarding the bypass on Wednesday.  Mr. Loveitt is also meeting with Regional Waste Systems and the Town of Gorham is represented as leading their Audit Committee this year.



Chairman’s Report

Councilor Phinney reported that he attended the Christmas tree lighting ceremony with his family and they had a wonderful time.

Town Manager’s Report

Mr. Cole reported that the new municipal center project is going well and the parking area has been paved.

New Business

Public Hearing #1 Chairman Phinney opened the Public Hearing.   There were no public comments.
                
Item #7199 Moved by Councilor Willett, seconded by Councilor Justice, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve renewal of the following Automobile Graveyard and/or Junkyard permits for 2006.  7 yeas.

               Hopkins Salvage
               South Street Auto Body, Inc.
               M & D Realty
               Moody’s Collision Centers
               Chet’s Auto Sales, Inc.
               LKQ Corporation
               Young’s Auto Salvage
Reichert’s Auto Body
       Dumbo Enterprises

Public Hearing #2 Chairman Phinney opened the Public Hearing.  There were no public comments.

Item #7200  Moved by Councilor Dugas, seconded by Councilor Loveitt, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve renewal of the following Massage Therapist and/or Establishment licenses for 2006.  7 yeas.

Bernadette W. Curtis
Cynthia Sue Doyle
Sheila Eileen Glynn
Marie King Hardman
Carolyn D. Parker

Item #7201 Moved by Councilor Justice, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept a report from Gorrill Palmer regarding the need for a traffic light at Morrill Avenue and the location of a sidewalk for Morrill Avenue.  7 yeas.

Item #7202 Moved by Councilor Willett, seconded by Councilor Loveitt, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept Edgefield Road, located in Hidden River Subdivision off Route 22, as a public way; and,

BE IT FURTHER ORDERED that Edgefield Road is classified as a Rural Access Road.
7 yeas.

Item #7203 Moved by Councilor Robinson, seconded by Councilor Loveitt, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled ask the Capital Improvements Committee to prepare recommendations to proceed with implementing the Chick Property Master Plan approved by the Town Council on June 6, 2000; and,

BE IT FURTHER ORDERED that the Town Council authorize the Town Manager to solicit proposals for review to attain the site permit for the Chick property.   5 yeas, 2 nays (Hamblen & Dugas).

Item #7204      Moved by Councilor Justice, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled conduct a Special Referendum Election to coincide with the June 13, 2006 State Primary Election on a proposal to amend Article II, Town Council, Section 204.16 and Article IX, Initiative and Referendum, Section 901, of the Town Charter with the question on the ballot to be as follows;

PROPOSED TOWN CHARTER AMENDMENTS

ENUMERATION OF TOWN COUNCIL POWERS
and INITIATIVE AND REFERENDUM

        Shall Sec. 204.16 and Sec. 901 of the Gorham Town Charter be amended as follows:

        ?       Sec. 204.16  Authorize and issue general obligation securities, provided that no such securities shall be issued to finance a proposed capital expenditure over $250,000 $500,000 for highway projects or over $350,000 for any other capital project except for emergency ordinances as defined in Article II, Section 213.1, unless such proposed expenditure shall first have been approved by referendum vote pursuant to section 901;

        ?       Sec. 901.  Certain capital expenditures over $250,000.

        Any proposed capital expenditure over $250,000  $500,000 for highway projects or over $350,000 for any other capital project, except emergency ordinances as previously defined in Article II, Section 213.1, shall be submitted to a referendum vote on the proposed expenditure.  The Council shall fix the time and place for the referendum.  A majority of the electors present and voting at the referendum shall determine the result.

        [Note:  Additions are underlined and deletions are struck out.]

[Explanation:  The purpose of these proposed amendments is to increase the threshold expenditure amount of capital projects that can be approved by the Town Council before requiring a citizens’ referendum vote to approve them.]

and,

BE IT FURTHER ORDERED that a public hearing will be held on this matter on May 2, 2006.  4 yeas, 3 nays (Loveitt, Dugas, & Hamblen).

Moved by Councilor Dugas seconded by Councilor Loveitt and ORDERED that the ballot mentioned above states that the Town Council recommends approval of this item by a vote of 4 to 3.  4 yeas, 3 nays (Justice, Willett, & Robinson)

Item #7205 Moved by Councilor Robinson, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a proposal to amend the Town’s Sprinkler System Ordinance by requiring new residential structures to have a fire suppression sprinkler system to the Ordinance Committee for their recommendation.  1 yea (Robinson), 6 nays.

Item #7206      Moved by Councilor Willett, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the Town Manager and Public Works Director to solicit bids for the replacement of two 16 year old ¾ ton pickups; and,

BE IT FURTHER ORDERED that the Town Council appropriate $25,409.96 from the Public Works Vehicles reserve fund and $34,590.06 from the Equipment Reserve fund for the purchase of these vehicles.  7 yeas.

Item #7207      Moved by Councilor Dugas, seconded by Councilor Loveitt, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled grant temporary construction rights to the Maine Department of Transportation for the Route 114 Gorham to Standish construction project.  (Project No. STP-1021 (301) X, PIN 010213.01); and,

BE IT FURTHER ORDERED that the Town accept the compensation for the temporary construction rights of $100.00 for the scenic vista property and $200.00 for the North Street Cemetery property.  7 yeas.

Item #7208      Moved by Councilor Loveitt, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled schedule a public hearing for January 3, 2006 for the purpose of determining the status of Cobb Road.  7 yeas.

Item #7209      Moved by Councilor Loveitt, seconded by Councilor Justice, the proposed order that the Town Council of the Town of Gorham, Maine, in Town Council assembled adjust the scope of work for the Little Falls Sewer conveyance project as presented.

Moved by Councilor Justice, seconded by Councilor Loveitt and ORDERED to amend the proposed order to add the words “in a letter dated 11/30/05 from Jay Hewett of Portland Water District with the scope of work to include extending a lateral to the little falls school as described in alternative A” after the words “as presented”.  7 yeas.

The order as amended was then VOTED resulting in the following.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled adjust the scope of work for the Little Falls Sewer conveyance project as presented in a letter dated 11/30/05 from Jay Hewett of Portland Water District with the scope of work to include extending a lateral to the Little Falls School as described in alternative A.  7 yeas.

Moved by Councilor Justice, seconded by Councilor Loveitt, and VOTED to adjourn the meeting at 9:15 pm.  7 yeas.

A TRUE RECORD OF MEETING                Attest:  ____________________________
                                                        Christina Silberman, Town Clerk