REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
May 3, 2005
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
Absent: Councilor Robinson
Moved by Councilor Justice, seconded by Councilor Willett and VOTED to accept the Minutes of the April 5, 2005 regular meeting with a correction to the term expiration date for appointees to the Recreation Advisory Board from April 1, 2008 to April 1, 2007.
6 yeas.
There was no public comment.
Councilor Communications
Councilor Hamblen reminded citizens that Veterans are needed to march in the Memorial Day parade.
Chairman Loveitt reported that the council has been very involved with the budget process. The council received a citizen communication to decry the 15.5% increase in the budget. Chairman Loveitt clarifies that the Town Manager’s and municipal share of the budget is only up 1.1% not 15%. There are other factors that are out of the Town Council’s control, such as County Government and changes to the State’s Homestead Exemption law that are contributing to the increase. He asked that citizens please review the Town Manager’s letter of transmittal included with the proposed budget.
Town Manager, David Cole, reminds citizens that there is a special council meeting next Tuesday, May 10, 2005 for the Public Hearing on the budget. Mr. Cole reports that for the second year in a row the town has received a Certificate of Excellence in Financial Reporting. Only a handful of municipalities are awarded this certificate each year. The Finance Director, Maureen Finger, deserves a major portion of the credit for receiving this award. The municipal brush day is this Saturday, May 7th and next Saturday, May 14th from 8 am-12 pm, you can bring your brush for free to the transfer station at these times. Mr. Cole offered congratulations to Mr. Paul Reynolds recipient of the Volunteer of the Year award for the Maine Recreation Association. He would also like to congratulate Marianne
Sensale-Guerin who received the Small Businessperson of the Year award.
Old Business
Item #7100 The order, as moved and seconded from the previous regular meeting, authorizing the Town to solicit proposals for the purchase and removal of Town owned buildings at 29 New Portland Road was discussed.
Moved by Councilor Justice, seconded by Councilor Phinney and VOTED to amend the order to allow the Town Manager and Finance Director to solicit bids for the sale of the lot and building at 25 new Portland rd. 6 yeas.
The order as amended was then voted on resulting in the following:
ORDERED that the Gorham Town Council authorize the Town Manager and Finance Director to solicit proposals for the sale of the lot and building at 29 New Portland Road. 5 yeas, 1 nay (Willett).
Chairman Loveitt noted that there will be a report to the council on this subject at the June meeting.
New Business
The meeting recessed for a public hearing on issuance of a Victauler’s License in the names of Rhonda Nicholson and Glynn Nicholson d/b/a The Fry Guy at 166 Narragansett Street.
Item #7107 Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Gorham Town Council authorize issuance of a Victauler’s License in the names of Rhonda Nicholson and Glynn Nicholson d/b/a The Fry Guy at 166 Narragansett Street. 6 yeas
The meeting recessed for a public hearing on renewal of Victauler’s Licenses for 2005.
Item #7108 Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Gorham Town Council authorize renewal of the following Victauler’s Licenses for 2005:
C. N. Brown Company d/b/a Big Apple Food Store #1059
Gerald Sterritt d/b/a North East Ice Cream, LLC
Gorham Country Club d/b/a The Grill Room at Gorham Country Club
Hannaford Bros. Co. d/b/a Hannaford Food & Drug #350
Richard Jiang d/b/a Ocean Garden
Sub Builders, Inc. d/b/a Subway
Susan Duchaine & Carol Butts d/b/a Bella Donna
Town of Gorham d/b/a Gorham Senior Citizens Mealsite Drop-In
TDBO Inc., d/b/a/ Domino’s Pizza
Wilfred A. Gillis d/b/a Sweets ‘n Eats
Yong H. Chen d/b/a Jan Mee II
6 yeas.
The meeting recessed for a public hearing on renewal of Liquor Licenses for R. Corp d/b/a Ocean Garden and Gorham Country Club d/b/a The Grill Room at Gorham Country Club.
Item #7109 Moved by Councilor Phinney, seconded by Councilor Willett and ORDERED that the Gorham Town Council authorize renewal of Liquor Licenses for R. Corp d/b/a Ocean Garden and Gorham Country Club d/b/a The Grill Room at Gorham Country Club. 6 yeas.
The meeting recessed for a public hearing to amend the Firearms Ordinance, Section 2 “Shotgun Only Zone” of the Firearms Ordinance by enlarging the zone in the Weeks Road area.
Mr. Richard Shiers, County Rd., commented on the lack of space available to hunt in South Gorham. Most of landed is posted. The only space left is the area by the power line. There is not enough room for everyone to hunt in same place. He would like shotguns only in the majority of South Gorham.
Item #7110 Moved by Councilor Justice, seconded by Councilor Willett and VOTED to amend the Firearms Ordinance.
Now Therefore Be It ORDAINED that the Town Council of the Town of Gorham, Maine, in Town council assembled amend the Firearms Ordinance, Section 2 “Shotgun Only Zone” of the Firearms Ordinance by enlarging the zone in the Weeks Road area. 6 yeas.
The meeting recessed for a public hearing to amend the Streets and Sidewalks Public Safety Ordinance.
Item #7111 Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED that:
Whereas, the Streets and Sidewalks Public Safety Ordinance contains Articles in Roman Numerals; and,
Whereas, Article IX Penalties, Sec. 1 contains an error and needs to be updated;
Now Therefore Be It ORDAINED that the Town Council of the Town of Gorham, Maine, in Town Council assembled adopt the amendments to the Streets and Sidewalks Public Safety Ordinance as follows.
Change the Roman Numerals used as article numbers to standard numbers, and amend Article 9 Penalties to read:
Section I - Any violation of Section 1 through Section 8 of this Ordinance shall be punishable by a fine of not less than Five Hundred Dollars ($500.00) for the first offense and not less than Seven Hundred Fifty Dollars ($750.00) for the second and shall be subject to any legal and equitable remedies as may be available to the Town. Each day such violations continue shall constitute a separate offense. 6 yeas.
Item #7112 Moved by Councilor Justice, seconded by Councilor Willett and VOTED to accept the proposed amendments to the ordinance as presented by the Town Manager as follows. 6 yeas
NON-STORM WATER DISCHARGE ORDINANCE
Section 1. Purpose/Objectives.
A. Purpose. The purpose of this Non-Storm Water Discharge Ordinance (the Ordinance) is to provide for the health, safety, and general welfare of the citizens of the Town of Gorham through the regulation of Non-Storm Water Discharges to the Municipality's Storm Drainage System as required by federal and State law. This Ordinance establishes methods for controlling the introduction of Pollutants into the Town of Gorham’s Storm Drainage System in order to comply with requirements of the federal Clean Water Act and State law.
B. Objectives. The objectives of this Ordinance are:
1. To prohibit unpermitted or unallowed Non-Storm Water Discharges to the Storm
Drainage System; and
2. To set forth the legal authority and procedures to carry out all inspection, monitoring and enforcement activities necessary to ensure compliance with this Ordinance.
Section 2. Definitions.
For the purposes of this Ordinance, the terms listed below are defined as follows:
A. Clean Water Act. Clean Water Act means the Federal Water Pollution Control Act
(33 U.S.C. § 1251 et seq., also known as the "Clean Water Act"), and any subsequent
amendments thereto.
B. Discharge. Discharge means any spilling, leaking, pumping, pouring, emptying,
dumping, disposing or other addition of Pollutants to waters of the State. Direct
discharge or point source means any discernible, confined and discrete conveyance,
including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation or vessel or other
floating craft, from which Pollutants are or may be discharged.
C. Enforcement Authority. Enforcement Authority means the person(s) or
department authorized under Section 4 of this Ordinance to administer and enforce this
Ordinance.
D. Exempt Person or Discharge. Exempt Person or Discharge means any Person who
is subject to a Multi-Sector General Permit for Industrial Activities, a General Permit for
Construction Activity, a General Permit for the Discharge of Stormwater from the Maine
Department of Transportation and the Maine Turnpike Authority Municipal Separate
Storm Sewer Systems, or a General Permit for the Discharge of Stormwater from State or
Federally owned Authority Municipal Separate Storm Sewer System Facilities; and any
Non-Storm Water Discharge permitted under a NPDES permit, waiver, or waste discharge license or order issued to the discharger and administered under the authority of the U.S. Environmental Protection Agency (“EPA”) or the Maine Department of Environmental Protection (“DEP).
F. Industrial Activity. Industrial Activity means activity or activities subject to
NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(l4).
G. Municipality. Municipality means the Town of Gorham.
H. Municipal Separate Storm Sewer System, or MS4. Municipal Separate Storm Sewer System or MS4, means conveyances for storm water, including, but not limited
to, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
human-made channels or storm drains (other than publicly owned treatment works and
combined sewers) owned or operated by any municipality, sewer or sewage district, fire
district, State agency or Federal agency or other public entity that discharges directly to
surface waters of the State.
I. National Pollutant Discharge Elimination System (NPDES) Storm Water
Discharge Permit. National Pollutant Discharge Elimination System (NPDES) Storm
Water Discharge Permit means a permit issued by the EPA or by the DEP that
authorizes the discharge of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
J. Non-Storm Water Discharge. Non-Storm Water Discharge means any Discharge to
an MS4 that is not composed entirely of Storm Water.
K. Person. Person means any individual, firm, corporation, municipality, quasi-municipal corporation, State agency or Federal agency or other legal entity which creates, initiates, originates or maintains a Discharge of Storm Water or a Non-Storm Water Discharge.
L. Pollutant. Pollutant means dredged spoil, solid waste, junk, incinerator residue,
sewage, refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological or
radiological materials, oil, petroleum products or by-products, heat, wrecked or discarded
equipment, rock, sand, dirt and industrial, municipal, domestic, commercial or
agricultural wastes of any kind.
M. Premises. Premises means any building, lot, parcel of land, or portion of land,
whether improved or unimproved, including adjacent sidewalks and parking strips,
located within the Municipality from which Discharges in Storm Drainage System
are or may be created, initiated, originated or maintained.
N. Regulated Small MS4. Regulated Small MS4 means any Small MS4 regulated by
the State of Maine .General Permit for the Discharge of Stormwater from Small
Municipal Separate Storm Sewer Systems dated June 3,2003 (General Permit),
including all those located partially or entirely within an Urbanized Area (UA) and those
additional Small MS4 located outside a UA that as of the issuance 0f the General Permit
have been designated by the DEP as Regulated Small MS4S.
O. Small Municipal Separate Storm Sewer System or Small MS4. Small Municipal
Separate Storm Sewer System, or Small MS4, means any MS4 that is not already
covered by the Phase I MS4 Stormwater program including municipally owned or
operated storm sewer systems, State or federally-owned systems, such as colleges,
universities, prisons, Maine Department of Transportation and Maine Turnpike Authority
road systems and facilities, and military bases and facilities.
P. Storm Drainage System. Storm Drainage System means the Municipality's Regulated Small MS4.
Q. Storm Water. Storm Water means any Storm Water runoff, snowmelt runoff, and
surface runoff and drainage; Storm Water has the same meaning as Stormwater.
R. Urbanized Area (UA). Urbanized Area or UA means the areas of the State of Maine so defined by the latest decennial census by the U.S. Bureau of the Census.
Section 3. Applicability.
This Ordinance shall apply to all Persons discharging Stormwater and/or Non-Storm
Water Discharges from any Premises into the Storm Drainage System.
Section 4. Responsibility for Administration.
The Code Enforcement Officer, Assistant Code Enforcement Officer, and any employee designated by the Town Manager is the Enforcement Authority who shall administer, implement, and enforce the provisions of this Ordinance.
Section 5. Prohibition of Non-Storm Water Discharges.
A. General Prohibition. Except as allowed or exempted herein, no Person shall create,
initiate, originate or maintain a Non-Storm Water Discharge to the Storm Drainage
System. Such Non-Storm Water Discharges are prohibited notwithstanding the fact that
the Municipality may have approved the connections, drains or conveyances by which a
Person discharges unallowed Non-Storm Water Discharges to the Storm Drainage
System.
B. Allowed Non-Storm Water Discharges. The creation, initiation, origination and
maintenance of the following Non-Storm Water Discharges to the Storm Drainage System is allowed:
1. Landscape irrigation; diverted stream flows; rising ground waters;
uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)); uncontaminated pumped ground water; uncontaminated flows from foundation
drains: air conditioning and compressor condensate; irrigation water; flows from
uncontaminated springs; uncontaminated water from crawl space pumps;
uncontaminated flows from footing drains; lawn watering runoff; flows from
riparian habitats and wetlands; residual street wash water (where spills/leaks of
toxic or hazardous materials have not occurred, unless all spilled material has
been removed and detergents are not used); hydrant flushing and fire fighting
activity runoff: water line flushing and discharges from potable water sources;
and individual residential car washing;
2. Discharges specified in writing by the Enforcement Authority as being necessary
to protect public health and safety; and
3. Dye testing, with verbal notification to the Enforcement Authority prior to the
time of the test.
C. Exempt Person or Discharge. This Ordinance shall not apply to an Exempt Person or
Discharge, except that the Enforcement Authority may request from Exempt Persons and
Persons with Exempt Discharges copies of permits, notices of intent, licenses and orders
from the EPA or DEP that authorize the Discharge(s).
Section 6. Suspension of Access to the Municipality’s Small MS4.
The Enforcement Authority may, without prior notice, physically suspend Discharge
access to the Storm Drainage System to a Person when such suspension is necessary to
stop an actual or threatened Non-Storm Water Discharge to the Storm Drainage System
which presents or may present imminent and substantial danger to the environment, or to
the health or welfare of persons, or to the Storm Drainage System, or which may cause
the Municipality to violate the terms of its environmental permits. Such suspension may
include, but is not limited to, blocking pipes, constructing dams or taking other measures,
on public ways or public property, to physically block the Discharge to prevent or
minimize a Non-Storm Water Discharges to the Storm Drainage System. If the Person
fails to comply with a suspension order issued in an emergency, the Enforcement
Authority may take such steps as deemed necessary to prevent or minimize damage to the
Storm Drainage System, or to minimize danger to persons, provided, however, that in
taking such steps the Enforcement Authority may enter upon the Premises that are the
source of the actual or threatened Non-Storm Water Discharge to the Storm Drainage
System only with the consent of the Premises' owner, occupant or agent.
Section 7. Monitoring of Discharges.
In order to determine compliance with this Ordinance, the Enforcement Authority may
enter upon and inspect Premises subject to this Ordinance at reasonable hours with the
consent of the Premises' owner, occupant or agent: to inspect the Premises and
connections thereon to the Storm Drainage System; and to conduct monitoring, sampling
and testing of the Discharge to the Storm Drainage System.
Section 8. Enforcement
It shall be unlawful for any person to violate any provision of or to fail to comply with
any of the requirements of this Ordinance. Whenever the Enforcement Authority believes that a person has violated this Ordinance, the Enforcement Authority may enforce this Ordinance in accordance with Title 30-A M.R.S.A. Section 4452.
A. Notice of Violation. Whenever the Enforcement Authority believes that a Person has
violated this Ordinance, the Enforcement Authority may order compliance with this
Ordinance by written notice of violation to that Person indicating the nature of the violation and ordering the action necessary to correct it, including, without limitation:
1. The elimination of Non-Storm Water Discharges to the Storm Drainage System, including, but not limited to, disconnection of the Premises from the MS4;
2. The cessation of discharges, practices, or operations in violation of this Ordinance;
3. At the Person's expense, the abatement or remediation (in accordance with best
management practices in DEP rules and regulations) of Non-Storm Water Discharges to the Storm Drainage System and the restoration of any affected property; and/or
4. The payment of fines, of the Municipality's remediation costs and of the Municipality's reasonable administrative costs and attorneys' fees and costs.
If abatement of a violation and/or restoration of affected property is required, the notice
shall set forth a deadline within which such abatement or restoration must be completed.
B. Penalties/Fines/lnjunctive Relief. Any Person who violates this ordinance shall be
subject to fines, penalties and orders for injunctive relief and shall be responsible for the
Municipality's attorney's fees and costs, all in accordance with Title 30-A M.R.S.A. § 4452. Each day such violation continues shall constitute a separate violation. Moreover, any Person who violates this Ordinance also shall be responsible for any and all fines,
penalties, damages and costs, including, but not limited to attorneys' fees and costs,
incurred by the Municipality for violation of federal and State environmental laws and
regulations caused by or related to that Person's violation of this Ordinance; this
responsibility shall be in addition to any penalties, fines or injunctive relief imposed
under this Section.
C. Consent Agreement. The Enforcement Authority may, with the approval of the
municipal officers, enter into a written consent agreement with the violator to address
timely abatement of the violation(s) of this Ordinance for the purposes of eliminating
violations of this Ordinance and of recovering fines, costs and fees without court action.
D. Appeal of Notice of Violation. Any Person receiving a Notice of Violation or
suspension notice may appeal the determination of the Enforcement Authority to the
Board of Appeals. The notice of appeal must be received The notice of appeal must be received "vithin30 days from the date of receipt of the Notice of Violation. The Board of Appeals shall hold a de novo hearing on the appeal "within 30 days from the date of receipt of the Notice of appeal. The Board of Appeals may affirm. reverse or modify the decision of the Enforcement Authority. A suspension under Section 6 of this Ordinance remains in place unless or until lifted by the Board of Appeals or by a reviewing court. A party aggrieved by the decision of the Board of Appeals may appeal that decision to the Maine Superior Court within 45 days of the date of the Board of Appeals decision pursuant to Rule 80B of the Maine Rules of Civil Procedure.
E. Enforcement Measures. If the violation has not been corrected pursuant to the
requirements set forth in the Notice of Violation. or, in the event of an appeal to the
Board of Appeals, within 45 days of a decision of the Board of Appeals affirming the
Enforcement Authority's decision, then the Enforcement Authority may recommend to
the municipal officers that the municipality's attorney file an enforcement action in a
Maine court of competent jurisdiction under Rule 80K of the Maine Rules of Civil
Procedure. Notwithstanding these requirements, in the event of an emergency situation that presents an immediate threat to public health, safety or welfare or that may result in damage to the Town’s Storm Drainage System, the Town may seek injunctive relief at any time after learning of such emergency situation.
F. Ultimate Responsibility of Discharger. The standards set forth herein are minimum standards; therefore this Ordinance does not intend nor imply that compliance by any Person will ensure that there will be no contamination, pollution, nor unauthorized discharge of Pollutants into waters of the U.S. caused by said Person. This Ordinance shall not create liability on the part of the Municipality, or any officer agent or employee thereof for any damages that result from any Person's reliance on this Ordinance or any administrative decision lawfully made hereunder.
Section 9. Severability.
The provisions of this Ordinance are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this Ordinance or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect the
other provisions, clauses, sentences, or paragraphs or application of this Ordinance.
Section 10. Basis.
The Town of Gorham enacts this Non-Storm Water Discharge Ordinance (the Ordinance pursuant to Title 30-A M.R.S.A. § 300 I (municipal home rule ordinance authority), Title 38 M.R.S.A. § 413 (the Wastewater Discharge Law), 33 U.S.C. § 1251 et seq. (the Clean Water Act), and 40 CFR Part 122 (U.S. Environmental Protection Agency's regulations governing the National Pollutant Discharge Elimination System (NPDES). The Maine Department of Environmental Protection, through its promulgation of the General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems dated June 3, 2003, has listed the Town of Gorham as having a Regulated Municipal Separate Storm Sewer System (Small MS4); under this General Permit, listing as a Regulated Small MS4 necessitates enactment of this Ordinance as part
of the Municipality’s Storm Water Management Program.
The ordinance as amended was then voted on resulting in the following:
Whereas, the Federal Government has promulgated rules, which are unfunded mandates, to regulate non-stormwater discharge; and,
Whereas, the Maine Department of Environmental Protection is charged with the responsibility of implementation; and,
Whereas, Gorham is one of 28 municipalities that must comply with new regulations governing non-stormwater discharge; and,
Whereas, a consortium of municipalities in the Greater Portland area, which includes Gorham, have worked cooperatively with each other and with the Maine Department of Environmental Protection to satisfy federal regulations; and,
Whereas, implementation of this ordinance is an important element of complying with new Federal and State regulations governing non-stormwater discharge requirements;
Now Therefore Be It ORDAINED that the Town Council of the Town of Gorham, Maine, in Town Council assembled adopt the Non-Stormwater Discharge Ordinance as amended. 6 yeas.
Item #7113 Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that pursuant to Title 36, M.R.S.A., Section 841, the Town Council abate property taxes assessed against the First Parish Congregational Church due to an error in assessment as follows:
04/05 fiscal year - $360.00
03/04 fiscal year - $400.00
02/03 fiscal year - $400.00 6 yeas.
Item #7114 Moved by Councilor Phinney, seconded by Councilor Dugas and ORDERED that the Gorham Town Council forward a proposal to amend the Land Use and Development Code by allowing limited Rural Entrepreneurial Activities to the Planning Board for Public Hearing and their recommendation. 6 yeas.
Item #7115 regarding possible reconsideration of Item #7088 regarding a request from Adam Mack to swap land with the Town of Gorham. This Item was not moved for reconsideration.
Item #7116 Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Gorham Town Council reconsider Item #7102 regarding an operations plan for Shaw Park. 4 yeas, 2 nays (Dugas & Hamblen)
Moved by Councilor Willett, seconded by Councilor Justice and ORDERED to amend the proposal to refer it to the finance committee for a budget. 6 yeas
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council refer the operations plan for Shaw Park to the finance committee for a budget. 6 yeas.
Chairman Loveitt ruled that public comment could be given at this time regarding dispatchers in Gorham.
Trixi Morin, Dispatcher for the town of Gorham since 2001 and citizen since 1996, spoke regarding the consolidation of dispatch services in Cumberland County.
Judy Poland, Dispatcher for the town of Gorham, read a letter from Michael Russell, Dispatcher for the town of Gorham, regarding the consolidation of dispatch services in Cumberland County.
Chairman Loveitt closed the public comment period.
Item #7117 Moved by Councilor Dugas, seconded by Councilor Phinney and ORDERED that the Gorham Town Council go into executive session pursuant to Title 1 M.R.S.A. Section 405 (6) (D) to discuss labor negotiations and pursuant to Title 1 M.R.S.A. Section 405 (6) (E) to discuss pending or contemplated litigation. 6 yeas.
Moved by Councilor Hamblen, seconded by Councilor Justice and VOTED to come out of executive session. 6 yeas.
Moved by Councilor Dugas, seconded by Councilor Phinney and VOTED to adjourn. 6 yeas.
Time of adjournment – 9:00 p.m.
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A TRUE RECORD OF MEETING Attest: Christina Silberman
Town Clerk
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