REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
SEPTEMBER 6, 2005
Chairman Loveitt opened the meeting at 7:06 pm with the Pledge of Allegiance.
Roll Call: Present: Chairman Loveitt; Councilors Dugas, Willett, Phinney, Robinson & Hamblen; Town Manager, David Cole, and Town Clerk, Christina Silberman
Absent: Councilor Justice
Moved by Councilor Dugas, seconded by Councilor Willett and VOTED to accept the Minutes of the August 2, 2005 Regular Meeting, the August 23, 2005 Special Meeting, and the September 1, 2005 Special Meeting. 6 yeas.
Open Public Communications
There were no public comments at this time.
Councilor Communications
There were no Councilor Communications.
Chairman’s Report
There was no Chairman’s report.
Town Manager’s Report
Town Manager, David Cole, distributed a memo to provide an update on the Dispatch consolidation. Attached to the memo is a copy of a letter from Albert Gervenack, Director of the Emergency Services Communication Bureau, addressed to Police Chief Ronald Shepard. Mr. Cole reported that dispatch employees became Cumberland County employees on August 15, 2005 while still dispatching from the Gorham location. One Gorham dispatch employee chose not to apply for a position with the county. The final change over to County dispatch should occur this week or next.
Councilor Phinney asked about the elderly call care program. Mr. Cole responded that this program will be continued by town personnel.
Councilor Robinson asked about the change in the health insurance figure, why did it decrease? Mr. Cole explained that the contract called for paying health insurance for 6 employees and five of the six employees are now covered by Cumberland County.
Mr. Cole reported that the municipal center project is out to bid and bids should be returned around September 23, 2005. The October Town Council meeting may have the bid award.
New Business
Public Hearing #1 Chairman Loveitt opened the Public Hearing regarding an application for a Mass Gathering license from the North Gorham Community Club for North Gorham Day.
There was no public comment
Item #7160 Moved by Councilor Robinson, seconded by Councilor Phinney, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled issue a Mass Gathering License to the North Gorham Community Club for North Gorham Day to be held on September 17, 2005. 6 yeas.
Item #7161 Moved by Councilor Hamblen, seconded by Councilor Phinney, and VOTED to waive the clerk reading the prepared order aloud. 6 yeas.
The prepared order was Moved by Councilor Phinney and seconded by Councilor Dugas.
Whereas, the voters of the Town of Gorham, Maine (the "Town") approved the issuance of up to $5,000,000 of the Bonds of the Town at a Town referendum election duly called and held on March 8, 2005 pursuant to Maine law in order to finance costs of redesign, renovation and equipping of the former Shaw Middle School to serve as the new Municipal Center and other public facilities as more particularly described in the referendum question approved in the March 8, 2005; and
Whereas, the Town Council desires that General Obligations Bonds of the Town be issued to finance such projects; and
NOW, THEREFORE, be it VOTED and ORDERED by the Town Council of the Town of Gorham, Maine, in Town Council assembled as follows:
1. Bonds Authorized and Purpose of Issue. Pursuant to Maine law, the charter of the Town, votes duly adopted by the inhabitants of the Town at a Special Referendum Election duly called and held on March 8, 2005, and all other authority thereto enabling, the Town Treasurer is hereby authorized and empowered in the name and on behalf of the Town to borrow up to $5,000,000 (in addition to the $2,400,000 in bonds previously issued relating to the Shaw Middle School and the $400,000 bonds previously issued relating to the Narragansett School roof) to provide funds to finance costs of the redesign, renovation and equipping of the existing Shaw Middle School to serve as the new Municipal Center and other public facilities as more particularly described in the referendum question approved in the March 8, 2005. The Town Treasurer is
hereby authorized to issue and sell general obligation bonds (the “Bonds”) in the total aggregate principal amount not to exceed $5,000,000 and to determine the date, maturities, denominations, interest rate or rates, place of payment, paying agent and registrar, form and other details of the Bonds including the signing and delivery of said Bonds on behalf of the Town. The Bonds shall be executed in the name of the Town by its Treasurer, and countersigned by the Chairman of the Town Council, and be in such form and contain such terms and provisions, not inconsistent herewith, as the Treasurer may approve, his approval to be conclusively evidenced by his execution thereof. The Treasurer is hereby authorized to provide on behalf of the Town that any of the Bonds may be made redeemable or callable, with or without premium, prior to maturity.
Section 2. Authorized Officers. If any of the officers or officials of the Town who have signed or sealed the Bonds shall cease to be such officers or officials before the Bonds so signed and sealed shall have been actually authenticated or delivered by the Town, such Bonds nevertheless may be authenticated, issued, and delivered with the same force and effect as though the person or persons who signed or sealed such Bonds had not ceased to be such officer or official; and also any such Bonds may be signed and sealed on behalf of the Town by those persons who, at the actual date of the execution of such Bonds, shall be the proper officers and officials of the Town, although at the nominal date of such Bonds any such person shall not have been or be such officer or official.
If the Treasurer, Town Clerk, Chairman of the Town Council or any other Town Official is for any reason unavailable to approve and execute the Bonds or any of the Bond documents, the person or persons then acting in any such capacity, whether as an assistant, a deputy, or otherwise, is authorized to act for such official with the same force and effect as if such official had himself performed such act.
Section 3. Sale of Bonds. The Treasurer is hereby authorized and empowered to execute and deliver such bond purchase agreements, contracts, agreements, notices of sale and certificates as may be necessary or appropriate in connection with the sale of the Bonds. In connection with the sale of the Bonds, the Treasurer is hereby further authorized to prepare, or cause to be prepared, a Official Statement for use in the offering and sale of the Bonds, such Official Statement to be in such form and contain such information as may be approved by the Treasurer, and the distribution of the Official Statement in the name of and on behalf of the Town in connection with the offering of the Bonds is hereby approved.
Section 4. Book-Entry Form. The Treasurer is hereby authorized to undertake all acts necessary to provide for the issuance and transfer of such Bonds in book-entry form pursuant to the Depository Trust Company Book-Entry Only System, and the Treasurer is hereby authorized and empowered to enter into a Letter of Representation or any other contract, agreement or understanding necessary or, in his opinion, appropriate in order to qualify the Bonds for and participate in the Depository Trust Company Book-Entry Only System.
Section 5. Tax Covenants. The Town covenants and certifies that no part of the proceeds of the issue and sale of such Bonds authorized to be issued by the foregoing Orders (including any notes and bonds in renewal thereof) shall be used, directly or indirectly, to acquire any securities and obligations, the acquisition of which would cause such bonds of the Town to be "private activity bonds" or "arbitrage bonds" within the meaning of Sections 141 and 148, respectively, of the Internal Revenue Code of 1986, as amended (the "Code"). The Treasurer is hereby authorized and directed to execute any certificate or agreement to confirm the foregoing and to covenant, certify, and agree, on behalf of the Town, for the benefit of the holders of such Bonds, that the Town will file any required reports and take
any other action that may be necessary to ensure that interest on the Bonds will remain exempt from federal income taxation under the Code, and that the Town will refrain from any action that would cause interest on the Bonds to be subject to federal income taxation under the Code.
Section 6. Reports and Further Information. The Treasurer is hereby authorized to covenant, certify and agree, on behalf of the Town, for the benefit of the holders of the Bonds, that the Town will file any required reports, make any annual financial disclosure and any material event disclosure, and take any other action that may be necessary to ensure that the disclosure requirements imposed by the Securities and Exchange Commission or any rule or order thereof, if applicable, are met.
Section 7. Further Actions. The Treasurer and other proper officials of the Town be, and hereby are authorized and empowered in its name and on its behalf to do or cause to be done all such other acts and things as may be necessary or desirable in order to effect the issuance, sale and delivery of the Bonds hereinabove authorized. Any such action taken or document executed or consent given by such officer in his capacity as an officer of the Town shall be deemed to be an act by the Town.
Section 8. Effective Date. This Bond Order shall take effect immediately. 6 yeas.
Councilor Phinney asked about the date of the Election. Chairman Loveitt clarified that the dates of upcoming Elections are September 12, 2005 for a Special Referendum Election and November 8, 2005 for the Annual Municipal Election as well as a Special Referendum Election.
Item #7162 The order to refer a request from Susan Duchaine to rezone property at 166 Narragansett Street was read aloud by the clerk, moved by Councilor Willett, and seconded by Councilor Robinson.
Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to amend the order to add “, and be it further ordered that the ordinance committee is authorized to evaluate the permitted uses in the Narragansett Development District and make further recommendations to the Council”. 6 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 Susan Duchaine to rezone property at 166 Narragansett Street from the Narragansett Development District to the Urban Residential District to the Ordinance Committee for their review and recommendation, and
Be it Further ORDERED that the ordinance committee is authorized to evaluate the permitted uses in the Narragansett Development District and make further recommendations to the Council. 6 yeas.
Item #7163 Moved by Councilor Dugas, seconded by Councilor Phinney, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a proposal to require the removal of yard sale signs after the yard sale has ended to the Ordinance Committee for their review and recommendation. 6 yeas.
Item #7164 The order regarding accepting a deed for Bridle Path Way, Saddle Lane, and Halter Lane was read by the clerk, moved by Councilor Willett, and seconded by Councilor Phinney.
Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to amend the order to add “located in the Bridle Path Subdivision, and be it further ordered that these roads be accepted as public ways”. 5 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 accept a deed from Hancock Land Company, Inc. for Bridle Path Way, Saddle Lane, and Halter Lane located in the Bridle Path Subdivision, and
Be it Further ORDERED that these roads be accepted as public ways. 6 yeas.
Item #7165 The order regarding a project to make safety improvements at Mosher’s Corner was read by the clerk, moved by Councilor Dugas, and seconded by Councilor Willett.
Three residents spoke regarding this item. One resident, Tina Johnson, owner of Beal’s ice cream lot, spoke to say the redesign of this intersection is long overdue. She would like the town to consider removing the use restrictions placed on her property. Chairman Loveitt asked the Town Manager to make note of her concerns. Two other residents spoke in support of a safety improvement but against the proposed plan.
Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to amend the order to add “be it further ordered that the Town Council reserve the right to give final approval after reviewing the final details of the plans”. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to amend the order to read “request the Council Chairman, the Town Manager, and other parties upon request to negotiate a conceptual safety improvement for Mosher’s Corner with Department of Transportation” while still including the first amendment. 6 yeas.
Moved by Councilor Hamblen to postpone this item, this motion fails for lack of a second.
The order as amended was then voted. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled request the Council Chairman, the Town Manager, and other parties upon request to negotiate a conceptual safety improvement for Mosher’s Corner with the Department of Transportation, and
Be it Further ORDERED that the Town Council reserve the right to give final approval after reviewing the final details of the plans. 5 yeas, 1 nay (Hamblen).
Item #7166 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 a refund of Perpetual Care funds in the amount of $400.00 for two lots numbered 36 A & B in Section P at Hillside Cemetery to William Burnham and Cheryl Atherton. 6 yeas.
Item #7167 Moved by Councilor Willett, seconded by Councilor Robinson, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled appoint Rita Cantor to the Baxter Memorial Library Board of Trustees to fill a vacancy with a term to expire on April 1, 2007 on recommendation of the Town Council Appointments Committee. 6 yeas.
Item #7168 Moved by Councilor Dugas, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled proclaim the week of September 17-23, 2005 as Constitution Week and authorize the Town Council Chairman to sign the Proclamation. 6 yeas.
Item #7169 to accept an easement from S. B. Gorham, Inc. for the access road into Shaw Park, as read by the clerk, was moved by Councilor Phinney and seconded by Councilor Robinson.
Moved by Councilor Willett, seconded by Councilor Dugas and VOTED to postpone this item until the Town Manager brings it back to the Town Council. 6 yeas.
Item #7170 to accept a deed from S. B. Gorham, Inc. for Shaw Park, as read by the clerk, was moved by Councilor Willett and seconded by Councilor Dugas.
Moved by Councilor Phinney, seconded by Councilor Willett and VOTED to postpone this item until the Town Manager brings it back to the Town Council. 6 yeas.
Item #7171 Moved by Councilor Phinney, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept the bid of C. B. Kenworth, Inc. for a 6 wheel plow Truck with trade in for $85,155.93, and
Be It Further Ordered to accept the bid of Portland North for a tandem axle Plow Truck with trade in for $122,206.87 with trade in. 6 yeas.
Item #7172 Moved by Councilor Dugas, seconded by Councilor Willett, and 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 2 proposed labor agreements. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Willett, and VOTED to come out of executive session. 6 yeas.
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 a proposed labor contract with the Dispatch Union. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Dugas, and VOTED to adjourn the meeting at 8:34 pm. 6 yeas.
A TRUE RECORD OF MEETING Attest: Christina Silberman, Town Clerk
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