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10/04/2005 Town Council Regular Meeting Minutes
        
REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
October 4, 2005

Chairman Loveitt opened the meeting at 7:04pm with the Pledge of Allegiance.

Roll Call:  Present:  Chairman Loveitt; Councilors Dugas, Justice, Willett, Phinney, Robinson, & Hamblen; Town Manager, David Cole, and Town Clerk, Christina Silberman.
                
Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to accept the Minutes of the September 6, 2005 Regular Meeting and the September 20, 2005 Special Meeting.  7 yeas.

The Town Council agreed by general consensus that the November Town Council Regular Meeting will be held on November 1, 2005 as it would normally occur and the Organizational Meeting will be held on November 15, 2005.

Open Public Communications

There were no public comments at this time.

Councilor Communications

Councilor Dugas commented that the State of Maine flag on display this evening is at a higher level than the flag of the United States of America and he believes this is improper.

Chairman’s Report

Chairman Loveitt expressed the Town Council’s appreciation to the citizens of Gorham for their efforts to participate in the Special Referendum Election held recently.  

The Church & Town Clock Committee will report at the November meeting.   The Parking Committee will also report at the November meeting.

Chairman Loveitt wrote a letter to the Maine Turnpike Authority as requested by the Council inviting parties involved with road administration to see what might be done in Gorham with respect to a turnpike spur joining with the bypass.  A feasibility study is under way at this time to see if this would be a profitable enterprise for the Turnpike Authority.  

Regional Waste Systems, now known as Eco Maine, remains healthy.  They have commenced an expansion of the ash fill.  They have saved 1.5 million so far this year.  

As a credit to Mr. Cole and every town employee in Gorham the town has received a $6,800.00 rebate to their worker’s compensation premium as a result of low claims.

Town Manager’s Report

David Cole gave a reminder that there is a Town Council workshop scheduled for October 18, 2005 at 7 pm at the Gorham High School Auditorium.

Mr. Cole reported that the Maine Department of Transportation has scheduled a public hearing regarding the Libby Avenue/Brackett Road project on October 24, 2005 at 7 pm at the Gorham High School Auditorium.

Election Report
The Gorham Special Municipal Referendum Election was held on September 12, 2005 and the voting districts were in the following locations:
Ward 1 - Little Falls School ~~~~~~~~~~Ward 3 - Middle School
Ward 2 - Masonic Hall              Central – Gorham Municipal Center
The total votes cast by district were as follows:
District ~~~~~~~Voters
1~~~            661~~~~~~~~~~~
2~~~~           596~~~~~~~~~~
3~~             423~~~~~~~~~~~
Central ~         78~~~~~~
Total           1,758~~~~~~~~~~
The total votes cast for the question of overruling the Town Council’s action on Item #7149:
~~~~~~~~~~~~~~~District #1~~~~~~~~~~~ District #2 ~~~~~~~~~District #3 ~~~~~~~~~~Central ~~~~~~~Totals
Yes             347             312                     251             49              959~~~~~~~
No              314             284                     171             27              796     
Invalid                                                      1           2                  3

Turnout was 15.6% which is not enough votes to overrule the Town Council.

Chairman Loveitt offered congratulations to the Town Clerk and staff for a well run Election.

Old Business

Item #7169 regarding an action to consider accepting an easement for the access road to Shaw Park was read aloud by the Clerk.  Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to postpone action on this item until the town manager is ready to bring this item back to the council.  7 yeas.

Item #7170 regarding accepting a deed for Shaw Park was read aloud by the Clerk.  Moved by Councilor Phinney, seconded by Councilor Willett and VOTED to postpone action on this item until the town manager is ready to bring this item back to the council.  7 yeas.
        
New Business

Public Hearing #1  Chairman Loveitt opened the public hearing regarding the November 8, 2005 Special Referendum to issue $1,340,000.00 in bonds for the Town’s local share of road improvement projects for Libby Avenue and Brackett Road.

There was no public comment.    

Item #7174 Moved by Councilor Dugas, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the town warrant for the Special Municipal Referendum Election to be held November 8, 2005.

Be It Further Ordered that the Town Council appoint the following persons as Wardens and Ward Clerks for the designated voting districts for the November 8, 2005 Election and if any of the following should fail to serve the Town Council hereby gives the Town Clerk the authority to appoint substitutes:

Warden          Ward Clerk
District 1      Janice LaBrecque        Jennifer Elliott
District 2      Pat Clay                Nancy Kenty
District 3      Linda Deering   Laurel Smith
Central Cornelia Loughran       Christina Silberman

Be It Further Ordered that the Town Council vote that the Registrar of Voters be in session during regular office hours, Monday, Tuesday, & Wednesday 8:30 am-4:30 pm, Thursday 8:30 am-6:30 pm, and Friday 7:30 am-4:30 pm.

Be It Further Ordered that the Town Clerk be authorized to process absentee ballots at the Gorham Municipal Center at 9:00 am, 11:00 am, 1:00 pm, 3:00 pm, 5:00 pm, and 8:00 pm.   7 yeas.

Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to suspend the rules and take up an item not on the agenda.  7 yeas.

Moved by Councilor Phinney and seconded by Councilor Willett the order that the Council does hereby notify the citizens of the town of Gorham that it does recommend approval of said bond item.  Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to amend this motion to include the requirement that the amount of the matching state and federal funds for this project be incorporated into the language on the ballot.  7 yeas.     

The order as amended was then voted.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled does hereby notify the citizens of the Town of Gorham that it does recommend approval of said bond item and that the amount of the matching state and federal funds for this project be incorporated into the language on the ballot.  7 yeas.

Public Hearing #2  Chairman Loveitt opened the public hearing regarding a mass gathering license for Vacationland Dog Club, Inc.

There was no public comment.    

Item #7175      Moved by Councilor Phinney, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the application for a mass gathering license from Vacationland Dog Club, Inc. for an event to be held May 20th & 21st, 2006 at Wassamki Springs Campground.  7 yeas.

Public Hearing #3  Chairman Loveitt opened the public hearing regarding a liquor license renewal for Sebago Brewing Company.

There was no public comment.

Item #7176      Moved by Councilor Willett, seconded by Councilor Phinney, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the renewal of a liquor license for Sebago Brewing Company.          7 yeas.

Public Hearing #4 Chairman Loveitt opened the public hearing regarding adoption of a new General Assistance Ordinance.

There was no public comment.

Item #7177 The order as read aloud by the Clerk was moved by Councilor Dugas
and seconded by Councilor Willett.

Whereas, the Town has an existing General Assistance Ordinance; and,

Whereas, there have been revisions to the Department of Health and Human Services regulations and state laws governing General Assistance; and,

Whereas, the Town’s current ordinance needs to be revised to be consistent with the new regulations and laws,

Now Therefore, Be It Ordained that the Town Council of the Town of Gorham, Maine, in Town Council assembled adopt the new ordinance for General Assistance; and,

Be It Further Ordained that the existing General Assistance Ordinance will become voided upon the effective date of the new ordinance.  7 yeas.

Item #7178 The Town Council heard a presentation from the Cumberland County Soil & Water Conservation District on the Tannery Brook Watershed Management Plan.  There was no Council action item.

Item #7179      Moved by Councilor Robinson, seconded by Councilor Phinney, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled, pursuant to Section 204.1 of the Town Charter, appoint Michael D’Archangelo as the Town’s Assessor, effective October 1, 2005, for a term to expire April 30, 2008.  7 yeas.

Item #7180      Moved by Councilor Phinney, seconded by Councilor Robinson, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled appoint David Cole as the Town’s voting delegate and Christina Silberman as the Town’s alternate voting delegate to the Maine Municipal Association’s annual meeting.  7 yeas.

Item #7181 The prepared order was read aloud by the Clerk.  Moved by Councilor Justice, seconded by Councilor Willett, and VOTED to amend the proposed order as presented by the Town Manager.  7 yeas.

Councilor Phinney recused himself from participation on this item.  Chairman Loveitt declared that he does casual business with people involved in this item but does not stand to profit from this item.     

The order as amended was then voted.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled, accept a bid from Arthur Dudley for the base bid plus the nine alternate bids in the amount of $4,679,012, pursuant to the bid specifications, for the project to renovate the Shaw School into the Gorham Municipal Center.  6 yeas, 1 abstained (Phinney).   
       
Item #7182 Moved by Councilor Willett, seconded by Councilor Phinney, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the receipt of $100,000.00 in State Regional Grant funds for the project to develop a joint maintenance facility for Fire and Rescue vehicles, with the Town of Windham and State of Maine (Windham Correctional Facility), with the understanding that no local funds are to be used for this project and that staff is making efforts to attain full funding for this project.   6 yeas, 1 nay (Hamblen).

Item #7183      The prepared order was read aloud by the Clerk, moved by Councilor Justice, and seconded by Councilor Willett.  

Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED to amend the prepared order by adding “or other zoning options” after the words “contract zone”.  7 yeas.

The order as amended was then voted.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a request from Scott Mulkern to discuss a possible contract zone or other zoning options to the Ordinance Committee.    6 yeas, 1 nay (Justice).

Item #7184      Moved by Councilor Willett, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a request to adjust the requested donation amount at the Gorham Senior Citizens Mealsite to the Finance Committee for their recommendation.  7 yeas.

Item #7185      The order as read aloud by the clerk was moved by Councilor Justice and seconded by Councilor Willett.

Moved by Councilor Phinney, seconded by Councilor Justice to amend the order to appropriate $3,000.00 to the Gorham Sno Goers from the town’s contingency account and not refer this item to the Finance Committee. 7 yeas.

The order as amended was then voted.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled appropriate a contribution of $3,000.00 to the Gorham Sno Goers to come from the town’s contingency account.  6 yeas, 1 nay (Robinson).

Item #7186      The order was read aloud by the Clerk, moved by Councilor justice and seconded by Councilor Dugas.

Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to amend the prepared order to amend the mileage reimbursement policy to be parallel with the IRS approved reimbursement rate and not send this item to the Finance Committee.  6 yeas, 1 nay (Willett).

The order as amended was then voted.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled amend the mileage reimbursement policy to be parallel with the IRS approved reimbursement rate.  6 yeas, 1 nay (Willett).

Item #7187      Moved by Councilor Dugas, seconded by Councilor Justice, and ORDERED that the Town Council appropriate $55,000 of funds received from FEMA for reimbursements to the Town for costs associated with the Public Works Department during several snow storm events, towards the purchase of the two trucks, previously approved by the Town Council on September 6, 2005, and

Be It Further Ordered that the Town Council place $25,409.94 in FEMA reimbursement funds in a reserve account for the purpose of purchasing equipment for the Public Works Department.  7 yeas.

Item #7188      The order was read aloud by the Clerk, moved by Councilor Willett and seconded by Councilor Justice.

Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to amend the order to add the words “and pursuant to paragraph (C) to discuss property located on New Portland Road”.  7 yeas  

The amended order was then voted.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled go into executive session pursuant to Title 1, M.R.S.A., Section 405 (6)(D) to review a proposed labor agreement and pursuant to paragraph (C) to discuss property located on New Portland Road.  7 yeas.

Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED to come out of executive session.  7 yeas.

Moved by councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the labor contracts for four years with the Police Department as presented.  7 yeas

Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED to adjourn the meeting at 9:07 pm.  7 yeas.

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