REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
June 7, 2005 - 7:00 p.m.
Chairman Loveitt opened the meeting at 7:01 pm with the Pledge of Allegiance to the Flag.
Roll Call: Present: Chairman Loveitt; Councilors Dugas, Justice, Willett, Phinney, and Hamblen; the Town Manager and the Town Clerk Councilor Robinson arrived just after the roll call at 7:05 pm.
Moved by Councilor Justice, seconded by Councilor Willett and VOTED to accept the Minutes of the May 3, 2005 Regular Meeting with the addition of “and to accept the Minutes of the April 5, 2005 special meeting and the April 13, 2005 Special Meeting” to the written record due to a clerical error and to accept the Minutes of the May 10, 2005 Special Meeting. 7 yeas.
Open Public Communications
Two residents of Liberio Lane. spoke about water problems they are having on their property and feel the problems are a result of the condominium project built in their neighborhood.
One resident of Morrill Avenue. spoke about the same water problems and also feels the problems are a result of the condominium project built in their neighborhood.
Chairman Loveitt offered to schedule a meeting with residents regarding this matter.
Councilor Dugas stated that the Gorham Fire Department will pump out flooded basements.
Councilor Communications
Councilor Hamblen reported on the Memorial Day Parade. It was the biggest parade for Memorial Day that he has seen for many years.
Councilor Phinney reported that he did not notice any signs up in the center of town announcing the parade and he would like to see more advertising in the future for the Memorial Day parade.
Chairman’s Report
Chairman Loveitt thanked Councilor Willett for filling in for him at the last RWS meeting. Mr. Cole attended this meeting also and the new charter was adopted.
He attended a site walk for the new Shaw School addition and he thinks the preliminary plans are functional and attractive.
The Chairman spoke last Thursday evening at the small business meeting. Mary Ann Geran was awarded the Small Business Person of the Year nationally. Gorham Business Park is alive and well. Tom Ellsworth and Bob Petit were in attendance.
The Presumpcot Trails dedication was held last Saturday.
Town Manager’s Report
Town Manager, David Cole reported on the dedication ceremony for the pedestrian bridge at Gambo Falls, which now completes a two mile loop. Councilor Robinson attended the ceremony and cut the ribbon.
New Business
Moved by Councilor Phinney, seconded by Councilor Willett and VOTED to take Items #7127 & #7132 out of order and hear them now. 7 yeas.
Item #7127 Three citizens gave public comment in favor of this item.
Moved by Councilor Phinney, seconded by Councilor Justice and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept a proposal from Gorrill Palmer to study the need for a sidewalk on Morrill Avenue and study the impact of a traffic signal at the intersection of Morrill Avenue and South Street, and
BE IT FURTHER ORDERED that the Town Council appropriate $4,500.00 from the Town contingency account for this study. 7 yeas.
Item # 7132 Public comment was received in favor of this item from ten citizens.
The order as read aloud by the clerk was moved by Councilor Justice and seconded by Councilor Willett.
Councilor Justice asked the Town Manager if there were any funds available for traffic engineering support of this item. Dave Cole, Town Manager, replied that an amount not to exceed $5,000.00 could be expended for the traffic engineering support.
Moved by Councilor Justice, seconded by Councilor Willett and VOTED to amend the proposed order to authorize the town manager to expend monies from contingencies for traffic engineering support in preparation of consideration of this item. 7 yeas.
The order as amended was then voted. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled receive a petition from residents on William Henry Drive, Solomon Drive, Adeline Drive, and Teran Street requesting raised traffic tables for Teran Street, William Henry Drive and potentially Solomon Drive and refer said petition to the Capital Improvements / Economic Development Committee for their review and recommendation and to authorize the town manager to expend monies from contingencies for traffic engineering support in preparation of consideration of this item. 7 yeas.
The meeting recessed for a Public Hearing regarding renewal of Victauler’s Licenses for 2005
Item #7119 Moved by Councilor Phinney, seconded by Councilor Willett and VOTED to waive the clerk reading the order aloud. 6 yeas, 1 opposed (Hamblen). Motion fails (unanimous vote required for passage of this item per council rules). It was then agreed by all of the Councilors that the clerk shall read through the list of license renewal applications only once.
Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize renewal of the following Victauler’s Licenses for 2005. 7 yeas.
Amato’s Sandwich Shops, Inc. d/b/a Amato’s Gorham
Angelo Sotiropoulos d/b/a Gorham House of Pizza
Cumberland Farms d/b/a Cumberland Farms #5607
Edward Wolak d/b/a Dunkin Donuts Gorham Distribution Center, LLC
Felgar & Brenda Nicely d/b/a Nicely’s Market, Inc.
Gerard Zarrilli d/b/a Sierra’s Restaurant, Inc.
Gorham Football Boosters d/b/a Gorham Football Boosters
Gorham High School d/b/a Gorham High School Athletic Department
Gorham Recreation Department d/b/a Gorham Family Fair
Gorham Recreation Department d/b/a Little Falls Recreation Area
Gorham Recreation Department d/b/a Robie Concession Stand
Gorham Recreation Department d/b/a Village Concession Stand
Gorham Sno Goers d/b/a Hot Dog
Ghulam Rabbani d/b/a 7- Eleven 32534A
Hans C. Hansen d/b/a Hansen’s Farm Market
James Malia d/b/a Beals Ice Cream
Jennifer Cushman d/b/a Little of This, Little of That
Lampron Energy d/b/a Lampron Little Mart – Little Falls
Lampron Energy d/b/a Lampron Little Mart – Route 25
Mastoran Restaurants Incorporated d/b/a Burger King #4604
Merritt Bennett d/b/a Bennett Allweather Paint Ball
Nick & Liz Pelletier d/b/a Bruni’s Variety
PineCrest Bed and Breakfast d/b/a PineCrest Bed and Breakfast, LLC
Sara J. Littlefield d/b/a The Gorham Grind
Sebago Brewing Co. d/b/a Sebago Brewing Co.
TBL, Inc. d/b/a Todds General Store & Diner
TNT Quickstop LLC d/b/a TNT Quickstop LLC
William A. Hillock, Inc. d/b/a Wassamki Springs Campground
XO Living, Inc. d/b/a Mr. Bagel of Gorham
The meeting recessed for a Public Hearing regarding renewal of a Coin Operated Amusement Device Permit for Sierra’s Restaurant.
Item #7120 Moved by Councilor Robinson, seconded by Councilor Phinney and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize renewal of a Coin Operated Amusement Device Permit for Sierra’s Restaurant for six machines. 7 yeas.
The meeting recessed for a Public Hearing regarding an amendment to the Gorham Land Use & Development Code Chapter II, Section II – Parking Loading and Traffic, adding a new subsection F titled “Limitation on New Residential Lots Fronting on Major Roads”.
Item #7121 Seven residents spoke against approval of this item. This item was not moved and therefore declared dead.
Item #7122 Moved by Councilor Robinson, seconded by Councilor Justice and VOTED to find this item inappropriate because it is substantially the same as an item that was heard and failed at a previous meeting. 2 yeas, 5 nays (Dugas, Justice, Robinson, Hamblen, & Loveitt) Item is allowed.
Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a proposal from Adam Mack to swap a parcel of land owned by the town for another parcel of land near the intersection of Route 114 and Dingley Spring Road to the Economic Development / Capital Improvements Committee for their recommendation. 0 Yeas, 7 nays (Dugas, Justice, Willett, Loveitt, Phinney, Robinson, Hamblen)
The meeting recessed for a short break.
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Item #7123 Moved by Councilor Robinson, seconded by Councilor Phinney and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the following resolution implementing a restructuring of Regional Waste Systems, and
BE IT FURTHER ORDERED that the Town Manager is authorized to execute necessary documents to implement the intent of this resolution. 7 yeas.
1. Enter into and adopt the ECO Maine Interlocal Solid Waste Agreement, substantially in the form proposed and incorporated herein by reference, pursuant to the provisions of Title 30- A, Chapter 115 and Title 38, Chapter 13, Section 1304-B(5) of the Maine Revised Statutes; and
2. Authorize the formation of a non-capital stock nonprofit corporation under the provisions of Title 13-B and Title 38, Section 1304-B(5) of the Maine Revised Statutes, the name of such corporation to be “ECO Maine,” to operate a regional waste management system pursuant to the provisions of the said ECO Maine Interlocal Solid Waste Agreement; and
3. Enter into and adopt a Waste Handling Agreement with ECO Maine, substantially in the form proposed and incorporated herein by reference.
Item #7124 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 Burleigh Loveitt as the Town’s representative to the Regional Waste Systems Board of Directors. 6 yeas, 1 abstain (Loveitt).
Item #7125 Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer the following proposed resolution to establish a policy to the Ordinance Committee for their review and recommendation. 7 yeas.
WHEREAS, the Town of Gorham has a Comprehensive Plan that plans for the orderly development of the community; and,
WHEREAS, the planned and orderly extension of public water supply throughout the community will provide safe drinking water, enhance the safety and welfare of the community by providing better fire suppression capabilities and minimize sprawl by encouraging growth into areas with sufficient public infrastructure
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Gorham, in Town Council assembled establish a policy of encouraging the extensions of water mains along roads that carry a Federal Functional Classification of Principle Arterial, Minor Arterial, Major Collector, and Minor Collector, and
BE IT FURTHER RESOLVED that the Town’s Planning Board and Town Staff are authorized to consider appropriate tools to further the intent of this Resolution including, but not limited to, working cooperatively with the Portland Water District when appropriate opportunities arise, considering Federal and State Grants, encouraging developers to extend water mains, and establishing special districts and impact fees. 7 yeas.
Item #7126 Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the Cumberland County Hazardous Mitigation Plan substantially as proposed. 7 yeas.
Item #7127 This item was taken out of order and heard at the beginning of the meeting.
Item #7128 Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled, pursuant to Chapter 4, Section XI, of the Land Use and Development Code, revise the fee schedule for Land Use and Development Review as proposed in the memo from the Town Manager dated May 13, 2005. 7 yeas.
Item #7129 Moved by Councilor Hamblen, seconded by Councilor Phinney and VOTED to waive the clerk reading the proposed order aloud. 7 yeas
Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept the following sums of money to be safely invested and forever held in trust, the income there from to be used for perpetual care of the following lots. 7 yeas.
PERPETUAL CARE FUNDS
Herrick, Malcolm & Shirley, Hillside Cemetery, Section P, Lot 36, A (1 gravesite) $100.00
Mercier, Nancy D., Hillside Cemetery, Section P, Lot 22, A (1 gravesite) $400.00
Berry, Earl M. Sr. & Beverly, Hillside Cemetery, Section R, Lot 2, C (1 gravesite) $200.00
Daniels, Joseph J., Hillside Cemetery, Section P, Lot 42, B (1 gravesite) $200.00
Lamontagne, Carol & Fred, Hillside Cemetery, Sec. R, Lot 19, ABC&D (4 gravesites) $800.00
Lamontagne, Carol & Fred, Hillside Cemetery, Sec. R, Lot 20, ABC&D (4 gravesites) $800.00
Lamontagne, Carol & Fred, Hillside Cemetery, Sec. R, Lot 21, ABC&D (4 gravesites) $800.00
Wedge, Norman & Shirley, Hillside Cemetery, Sec. P, Lot 38, A & B (2 gravesites) $400.00
Fogg, Mareta, Hillside Cemetery, Section L, Lot 9, A (1 gravesite) $200.00
Pierce, Jeffrey, North Street Cemetery, Section 74, Lot H (1 gravesite) $125.00
Bickford, Theron J. Sr., Hillside Cemetery, Lot 300C, A B C, & D (4 gravesites) $800.00
Faulkner, Dana & Linda, Hillside Cemetery, Section R, Lot 35, A & B (2 gravesites) $800.00
Item #7130 Moved by Councilor Phinney, seconded by Councilor Willet and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the Treasurer to write off the following personal property taxation accounts because the businesses are no longer in business, have a bankruptcy discharge, or other inability to collect. 7 yeas.
Hill Loma, Inc. 02/03 fiscal year $4,851.40
Hill Loma, Inc. 03/04 fiscal year $7,079.06
Lease Corporation of America 01/02 fiscal year $ 763.86
Item #7131 Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the Shaw Park Operation Plan as presented and as recommended by the Finance Committee at their May 25, 2005 Committee meeting. 7 yeas.
Item #7132 This item was taken out of order and heard at the beginning of the meeting.
Item #7133 The order as read aloud by the clerk was Moved by Councilor Phinney and seconded by Councilor Willett.
Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to amend the order to remove the language “from the Suburban Residential District to the Roadside Commercial” from the proposed order. 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 Paul Young to rezone a lot on Dingley Spring Road (Map 76, Block 27, Lot 2) to the Ordinance Committee for their review and recommendation. 7 yeas
Item #7134 Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a request from Les Berry of BH2M on behalf of Chase Homes, Inc to re-zone land on South Street from the Rural Zone to the Suburban Residential Zone to the Ordinance Committee for their review and recommendation. 7 yeas.
Item #7135 Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled go into executive session pursuant to Title 36, M.R.S.A., Section 841 to discuss an abatement of property taxes based on poverty. 7 yeas.
Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled deny an application for an abatement of taxes based on poverty because the applicant had sufficient resources to contribute to the public charge. 7 yeas.
Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to come out of executive session. 7 yeas.
Moved by Councilor Robinson, seconded by Councilor Dugas and VOTED to adjourn the meeting. 7 yeas.
Time of Adjournment - 10:09 pm.
A TRUE RECORD OF MEETING Attest: ____________________________
Christina Silberman
Town Clerk
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