REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
March 1, 2005
The meeting opened with the Pledge of Allegiance to the flag.
Roll Call: Present: Chairman Loveitt; Councilors Hamblen, Phinney, Willett, Justice; David Cole, Town Manager and Connie Loughran, Acting Town Clerk
Absent: Councilors Robinson and Dugas
Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to approve the Minutes of the February 1, 2005 meeting. 5 yeas.
Public Comment: Hans Hansen of South Gorham requested that a full set of plans for the Shaw School proposed renovation be available to the public.
There were no Councilor reports.
Chairman Loveitt reported that the Council would be receiving a packet within the next few months regarding changes in the administration of Regional Waste System. He would also like to meet in workshop with the legislative delegation regarding tax cap legislation.
Town Manager, David Cole, reported that he is in the midst of budget preparations. Norway Savings Bank is having an open house on Thursday at their new facility on Main Street. The Referendum Vote on the renovation to the Shaw School is Tuesday, March 8, 2005, and absentee ballots are available in the Town Clerk’s Office. He also reported that snowfall this season has exceeded the season norm.
The meeting recessed for a public hearing on an application for a Special Amusement License in the name of Sara Littlefield, d/b/a The Gorham Grind at 18 South Street. There were no public comments.
Item # 7081 Moved by Councilor Phinney, seconded by Councilor Willett and ORDERED that the Town Council approve a Special Amusement License in the name of Sara Littlefield, d/b/a The Gorham Grind at 18 South Street. 5 yeas.
The meeting recessed for a public hearing on an application for a Victualer’s License in the name of Mary Jordan & Debra Rossi d/b/a MyCookieJardirect.com at 360 New Portland Road. There were no public comments.
Item #7082 Moved by councilor Willett, seconded by Councilor Phinney and ORDERED that the Town Council approve a Victualer’s License in the name of Mary Jordan & Debra Rossi d/b/a MyCookieJardirect.com at 360 New Portland Road. 5 yeas.
The meeting recessed for a public hearing regarding renewal of a Combined Massage Therapist/Establishment License in the name of Linda A. Morris, d/b/a Gorham Massage Therapy. There were no public comments.
Item #7083 Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council approve a Combined Massage Therapist/Establishment License in the name of Linda A. Morris, d/b/a Gorham Massage Therapy at 20 Mechanic Street. 5 yeas.
The meeting recessed for a public hearing regarding the proposed designation of the V.I.P., Inc. Tax Increment Financing Development District, pursuant to the provisions of Chapter 207 of Title 30-A of the Maine Revised Statutes, as amended. The proposed municipal development tax increment-financing district consists of 2.1 acres of land in Gorham, Maine, all as more particularly described in the proposed development program. Dan Hourihan explained the project. One member of the public spoke in favor of this project. The public hearing closed at 7:35 p.m.
Item #7084 Moved by Councilor Phinney, seconded by Councilor Willett and VOTED to waive the Clerk reading the prepared order. 5 yeas.
Moved by Councilor Justice, seconded by Councilor Willett and voted that:
Whereas, the Town of Gorham is authorized pursuant to Chapter 207 of Title 30-A of the Maine Revised Statutes, as amended, to designate a specified area within the Town as a Municipal Development District and Tax Increment Financing District and to adopt a Development Program for such District; and
Whereas there is a need for commercial development in the Town of Gorham; and
Whereas V.I.P., Inc. currently intends to construct a new retail facility with the proposed Municipal Development and Tax Increment Financing District (the “District”); and
Whereas there is a need to provide continuing employment opportunities for the citizens of the Town of Gorham and the surrounding region; to improve and broaden the tax base of the Town of Gorham and improve the general economy of the Town of Gorham, the surrounding region and the State of Maine; and
Whereas the expansion will help to provide continued employment for the citizens of the Town of Gorham and the surrounding region, improve and broaden the tax base in the Town of Gorham and improve the economy of the Town of Gorham and the State of Maine; and
Whereas there is a need to encourage the expansion, improvement and continuation of business facilities through the establishment of Municipal Development and Tax Increment Financing District in accordance with the provisions of Chapter 207 of Title 30A; and
Whereas the Town has held a public hearing on the question of establishing the District in accordance with the requirements of 30-A M.R.S.A., Sec 5253, upon at least ten (10) days prior notice published in a newspaper of general circulation with the Town; and
Whereas the Town Desires to designate the V.I.P., Inc. Municipal Development and Tax Increment Financing District and adopt a Development Program for such District; and
Whereas it is expected that approval will be sought and obtained from the Maine Department of Economic and Community Development approving the designation of the District and the adoption of the Development Program for the District;
NOW THEREFORE BE IT ORDERED by the Town Council of the Town of Gorham:
Section 1. The Town hereby finds and determines that:
a. At least twenty-five percent (25%) by area of the real property within the District, as hereinafter designated, is suitable for industrial sites as defined in 30-A M.R.S.A. Sec. 5253; and
b. The total area of the District does not exceed two percent (2%) of the total acreage of the Town; and the total area of all development districts within the Town (including the District) does not exceed five percent (5%) of the total acreage of the Town; and
c. The aggregate value of equalized taxable property of the District as of April 1, 2004 does not exceed five percent (5%) of the total value of equalized taxable property within the Town as of April 1, 2004; and
d. The aggregate value of municipal indebtedness financed by the proceeds from tax increment financing districts within Cumberland County, including the proposed District, does not exceed $50 million; and
e. The Town expects that the Development Program will be completed within five (5) years of the designation of the District by the Department of Economic and Community Development; and
f. The designation of the District and pursuit of the Development Program will generate substantial economic benefits by the Town and its residents, including employment opportunities, broadened and improved tax base and economic stimulus, and therefore constitutes a good and valid public purpose.
Section 2. Pursuant to Chapter 207 of Title 30-A of the Maine Revised Statutes, as amended, the Town hereby designates the V.I.P., Inc. Municipal Development and Tax Increment Financing District, designated and described as more particularly set forth in the “Development District Development Program” is hereby incorporated by reference into this vote as the Development Program for the District.
Section 3. The Town Manager be, and hereby, is authorized, empowered and directed to submit the proposed designation of the District and the proposed Development Program for the District to the State of Maine Department of Economic and Community Development for review and approval pursuant to the requirements of 30-A M.R.S.A. Sec. 5253(1)(F).
Section 4. The foregoing designation of the District and the adoption of the Development Program for the District shall automatically become final and shall take full force and effect upon receipt by the Town of approval of the designation of the District in adoption of the Development Program by the Department of Economic and Community Development, without requirements of further action by the Town, the Council or any other party.
Section 5. The Town Manager be, and hereby is, authorized and empowered, at his discretion, from time to time, to make such technical revisions to the Development Program for the District as the Department of Economic and Community Development deems reasonably necessary or convenient in order to facilitate to process for review and approval of the District by the Department of Economic and community Development, so long as such revisions are not inconsistent with this Order or the basic structure and intent of the Development Program.
Section 6. The Town Manager be, and hereby is, authorized and directed to enter into the separate Credit Enhancement Agreement with V.I.P., Inc. developing Tax Map 6, lots 5 and 6 as contemplated by the Development Program, in the name of and on behalf of the Town, such agreement to be in such form and to contain such terms and provisions, not inconsistent with the Development Program, as the said Town Manager may approve, his approval to be conclusively evidenced by his execution thereof. 4 yeas. 1 nay (Phinney)
Item #7085 Moved by Councilor Willett, seconded by Councilor Phinney and ORDERED, that the Town Council refer a letter from Gorrill-Palmer discussing traffic options for Church Street to the Economic Development/Capital Improvement Committee for their review and recommendation. 5 yeas.
Item #7086 Moved by Councilor Justice, seconded by Councilor Phinney and ORDERED, that the Town Council refer an operations plan for Shaw Park to the Capital Improvement/Economic Development Committee for their recommendation. 5 yeas.
Moved by Councilor Justice, seconded by Councilor Phinney and VOTED to waive the clerk reading aloud the prepared order. 5 yeas.
Item #7087 The order as moved by Councilor Justice and seconded by Councilor Phinney to prohibit the use of any tobacco products, including, but not limited to cigarettes, cigars, snuff, dip, and chewing tobacco, on, in, or at any playing field, playground, recreation path, or trail owned, managed, or used by the Town of Gorham Parks and Recreation Department, as well as at any event organized or run under the auspices of the Town of Gorham Parks and Recreation Department FAILED OF PASSAGE as unenforceable. 1 yea. 4 nays (Hamblen, Phinney, Loveitt and Justice)
Prior to the above vote it was moved by Councilor Willett and seconded by Councilor Justice to amend the prepared item by inserting “and tobacco” after the word smoke. 5 yeas.
Item #7088 Moved by Councilor Justice, seconded by Councilor Willett to POSTPONE action regarding a request from Adam Mack to swap land with the Town to the April 2005 meeting. 4 yeas. 1 nay (Hamblen)
Item #7089 Moved by Councilor Justice, seconded by Councilor Willett and ORDERED, that the Town Council authorize the Portland Water District to proceed with the engineering design and solicitation of bids to construct the Little Falls wastewater conveyance system. 5 yeas.
Item #7090 Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED, that the Town Council not adopt a proposal to amend the Land Use and Development Code, Chapter IV, Section IV(c) clarifying the acceptance and processing of applications when work is occurring under a previously issued permit. 5 yeas.
Item #7091 Moved by Councilor Phinney, seconded by Councilor Hamblen ORDERED, that the Town Council refer a proposal to amend the Land Use and Development Code Chapter III by adding a new Section V called “Improvements” that would require all public improvements to be completed by the time 50% of lots or units are developed to the Planning Board for Public Hearing and their recommendation. 5 yeas.
Item #7092 Moved by Councilor Phinney, seconded by Councilor Willett and ORDERED, that the Town Council refer a proposal to amend the Land Use and Development Code by adding a new chapter titled “Stormwater Management,” to the Planning Board for Public Hearing and their recommendation.
5 yeas.
Item #7093 Moved by Councilor Phinney, seconded by Councilor Willett and ORDERED, that the Town Council refer a request from the Planning Board to review the issues of road extension and appropriate length of roads to the Ordinance Committee for their recommendations. 4 yeas. 1 nay (Loveitt)
Item #7094 Moved by Councilor Willett, seconded by Councilor Justice and ORDERED, that the Town Council appoint Christina Silberman as Town Clerk. 5 yeas.
Item #7095 Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Town Council appoint Mike D’Archangelo as the Acting Assessor until such time as the Council makes a regular full time appointment or takes other action. 5 yeas.
Item #7096 Moved by Councilor Willett and seconded by Councilor Phinney and ORDERED that the Town Council go into executive session pursuant to Title 1, M.R.S.A. Section 405 (6)(D) to discuss Labor contract negotiations. 5 yeas.
Moved by Councilor Justice, seconded by Councilor Phinney and Voted to ADJOURN. Time of adjournment 9:43 p.m.
A TRUE RECORD OF MEETING Attest: s/Cornelia C. Loughran
Acting Town Clerk
| 
