TOWN OF GORHAM
REGULAR MEETING
MINUTES
JANUARY 4, 2005
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The meeting opened with special mention of Staff Sergeant Harold Freeman of Gorham who has been wounded in combat in Iraq, all others away in service to our country and the Pledge of Allegiance to the flag.
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Roll Call: Present: Chairman Loveitt; Councilors Hamblen, Robinson, Phinney, Willett, Justice and Dugas; David Cole, Town Manager and Connie Loughran, Deputy Town Clerk
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Moved by Councilor Justice and seconded by Councilor Dugas and VOTED to approve the Minutes of the December 7, 2004 meeting as presented and distributed. 7 yeas.
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There was no public comments.
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Councilor Hamblen invited all current and former members of the military service organizations to march in the 2005 Memorial Day Parade. Councilor Robinson reported that he had attended the Planning Board Workshop on Monday evening and complimented Mark Eyerman on his spreadsheet presentation regarding the recently passed Ordinance.
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The Town Manager called Georgia Humphrey, Cable TV Director forward and presented her with a 5-year service pin.
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Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive the Council Rules and take up two items not on the agenda, namely a Victualer’s License and consideration of a deed for a turnaround on Davis Annex. 7 yeas. The Victualer’s license and turnaround acceptance will be reported on in their proper order.
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The meeting recessed for a public hearing regarding a proposed amendment to the Town of Gorham General Assistance Ordinance. There was no public comment.
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Item #7058 Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that
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WHEREAS, the Town of Gorham has an ordinance for administering the General Assistance Program, and
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WHEREAS, the maximum levels of assistance need to be adjusted annually to comply with State Law, and
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WHEREAS, the food voucher level and housing allowance need to be periodically adjusted,
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Now therefore, be it ordained by the Town Council of Gorham, Maine in Town Council assembled that the Town’s General Assistance Ordinance is amended as proposed. 7 YEAS
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The meeting recessed for a Public Hearing on a Massage Establishment License in the name of Dawn DuDeVore Wood d/b/a Salon LaLuna at 18 Mechanic Street. There was no public comment.
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Item #7059. Moved by Councilor Dugas, seconded by Councilor Willett and ORDERED that the Town Council APPROVE the issuance of a Massage Establishment License in the name of Dawn DuDeVore-Wood d/b/a Salon LaLuna, LLC at 18 Mechanic Street. 7 yeas.
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The meeting recessed for a public hearing on a Massage Therapist License in the name of Erin Leigh Martin. There was no public comment.
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Item #7060. Moved by Councilor Robinson, seconded by Councilor Phinney and ORDERED that the Town Council APPROVE a Massage Therapist License in the name of Erin Leigh Martin. 7 yeas.
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The meeting recessed for a public hearing regarding a Victualer’s License in the name of TBL, Inc. d/b/a Todds General Store & Diner at 25 Elm Street. There were no public comments.
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Item #7061. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council APPROVE a Victualer’s License in the name of TBL, Inc. d/b/a Todds General Store & Diner at 25 Elm Street. 7 yeas.
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The meeting recessed for a public hearing regarding a Victualer’s License in the name of Susan Duchaine d/b/a Bella Donna at 16 Mechanic Street. There were no public comments.
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Item #7062. Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town Council APPROVE the issuance of a Victualer’s License in the name of Susan Duchaine d/b/a Bella Donna at 16 Mechanic Street. 7 yeas.
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Item #7063. Moved by Councilor Phinney, seconded by Councilor Dugas the order as read by the Deputy Town Clerk; Moved by Councilor Dugas, seconded by Councilor Justice to AMEND the proposed order by replacing paragraphs numbered 1, 2 and 3 with the following wording:
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1. The redesign, renovation and equipping of the existing Shaw Middle School on South Street to serve as the new Municipal Center. Upon the determination of the Town Council, the renovated facility shall provide for a public meeting room; the Offices of the Superintendent of Schools; municipal offices; recreational and other uses.
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2. As funds may be available to commence the redesign and re-use of the current municipal center on Main Street to serve as a new Public Safety Building and other public uses.
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3. As funds may be available to commence the redesign and re-use of the former Little Falls Elementary School building as may be reasonably necessary for public purposes? 7 yeas.
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And, Moved by Councilor Justice, seconded by Councilor Hamblen and ORDERED to delete the council recommendation at the end of the referendum question. 4 yeas. 3 nays (Dugas, Phinney, Robinson)
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The motion as amended was VOTED resulting in the following
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ORDERED that the Town Council conduct a referendum election in accordance with Section 901 of the Council-Manager Charter of the Town of Gorham on the referendum question set forth below, said referendum to be held at the following places on the eighth day of March, 2005 between the hours of 7:00 a.m. and 8:00 p.m. on said day:
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District 1 – Little Falls School
District 2 – Masonic Building, Cressey Road
District 3 – Middle School, Weeks Road
Central District – Gorham Municipal Center
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REFERENDUM QUESTION
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“Shall the Town of Gorham authorize the capital expenditure of the remaining, unexpended funds from (a) the previously approved (June 10, 2003) $2,400,000 general obligation bonds issue (relating to the Shaw Middle School) and (b) the previously approved (November 4, 2003) of $400,000 general obligation bonds issue (relating to the Narragansett School roof) AND an additional $5,000,000 to be raised by the issuance of general obligation bonds and/or notes of the Town for the following purposes as determined by the Town Council after a public hearing:
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1. 1.~~~~~ The redesign, renovation and equipping of the existing Shaw Middle School on South Street to serve as the new Municipal Center. Upon the determination of the Town Council, the renovated facility shall provide for a public meeting room; the Offices of the Superintendent of Schools; municipal offices; recreational and other uses.
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2. 2.~~~~~ As funds may be available to commence the redesign and re-use of the current municipal center on Main Street to serve as a new Public Safety Building and other public uses.
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3. As funds may be available to commence the redesign and re-use of the former Little Falls Elementary School building as may be reasonably necessary for public purposes?
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The money to be raised by such new bond issue and any bonds, hereby authorized, to refund the bonds previously issued pursuant to such June 10, 2003 and November 3, 2003 authorizations shall have such dates, maturities, denominations, interest rate(s) and other details (including provisions that the bonds may be subject to call for redemption with or without premium) as the Town Council shall determine.
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(Total estimated debt service of $_________, of which principal is $________ and estimated interest at _____% over ____ years, is $_________.)”
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Be It Further Ordered, that a public hearing on said referendum question be held at 7:00 p.m. on Tuesday, February 1, 2005 at the Gorham High School Auditorium.
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Be It Further Ordered, that the Town Council vote to appoint the following persons as Wardens and Ward Clerks for the designated voting districts for the referendum election and if any of the following should fail to serve the Town Council hereby gives the Town Clerk the authority to appoint substitutes:
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Warden Ward Clerk
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District 1 Janice Labrecque Rose Phinney
District 2 Patricia Clay Sheila Phinney-Levine
District 3 Linda Deering Laurel Smith
Central District Cornelia Loughran Mary Lou Fraser
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Be It Further Ordered that the Registrar of Voters is in session between the hours of 8:30 a.m. and 6:30 p.m. on Thursday, March 3, 2005 and between the hours of 7:30 a.m. and 4:30 p.m. on Friday, March 4, 2005.
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Be It Further Ordered that the Town Clerk be authorized to process absentee ballots at the Central Voting Place at 9:00 a.m.; 11:00 a.m.; 1:00 p.m.; 3:00 p.m.; 5:00 p.m. and 8:00 p.m. 7 yeas
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Item #7064 Moved by Councilor Justice, seconded by councilor Phinney and ORDERED that the Town Council recognizes that hardship has been created for the Heartwood Homeowners Association because the Developer failed to fully comply with all of the Conditions of Approval, and
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Be It Further Ordered that the Town Council accept Bradford Drive, Matthew Drive, Craig Drive and the remaining portion of Quincy Drive located in Phase 2 of the Heartwood Subdivision as public roads, and
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Be It Further Ordered, that all of these roads shall be classified as rural access roads, and
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Be It Further Ordered, that the Town Council does not consider the conditions of approval set by the Planning Board, specifically the construction of a sidewalk, to be satisfied and is acting on this Item because of the hardship created to the residents of Heartwood Subdivision. 5 yeas. 1 nay (Robinson)
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Prior to the above motion Councilor Willett had left the meeting.
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Item #7065 The order as read was moved by Councilor Hamblen, seconded by Councilor Phinney; moved by Councilor Phinney and seconded by Council Hamblen to AMEND the prepared order by adding to condition #3 “with a paved surface to be installed by 2015.” 6 yeas. The Order as amended was VOTED, resulting in the following:
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That the Town Council authorize R. J Grondin & Sons to excavate through a portion of Farrington Road subject to the following conditions:
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1. R. J. Grondin & Sons will obtain all required State and Local permits and approvals before commencing any excavation.
2. R. J Grondin & Sons will construct and maintain a temporary detour that is safe and convenient for vehicular traffic at all times and in suitable condition for winter maintenance.
3. When completed, R. J. Grondin & Sons will reconstruct the excavated portion of Farrington Road to Town Specifications including paving and subject to final inspection and approval by the Town’s Public Works Director with a paved surface to be installed by 2015. 6 yeas.
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Item #7066 Moved by Councilor Phinney, seconded by Council Robinson and ORDERED that the Town Council adopt the Emergency Operation Plan as presented and authorize the Town Manager to sign any necessary documents. 6 yeas.
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Item #7067 Moved by Councilor Dugas, seconded by Councilor Justice and ORDERED, that the Town Council agrees to amend the O’Shea Family Trust as requested by the O’Shea family in a letter dated December 6, 2004 from Cynthia and Patrick O’Shea. 6 yeas.
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Item #7068 Moved by Councilor Phinney, seconded by Councilor Dugas and ORDERED, that the Town Council approve an application for a Close-out Sale License in the name of Gorham Emporium, 3 Railroad Avenue to commence January 5, 2005 for 60 days. 6 yeas.
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Item #7069 Moved by Councilor Justice, seconded by Councilor Phinney and VOTED that the Ordinance Committee explore the feasibility of developing a Transfer of Development Rights program, and
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Be it furthered Ordered, that the Ordinance Committee is authorized to develop a proposal for Council consideration if appropriate. 6 yeas.
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Item #7070 Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED that the Town Council accept the offer from the Gorham Civic and Business Exchange to donate funds toward a sign for the Shaw School Renovation Project, as specified in their letter dated December 24, 2004. 6 yeas.
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Item #7071 Moved by Councilor Justice, seconded by Councilor Phinney and VOTED that the Town Council appoint Connie Loughran as the Acting Town Clerk, effective January 8, 2005.
6 yeas.
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Item #7072 Moved by Councilor Dugas, seconded by Councilor Robinson and ORDERED that the Town Council authorize the Town Manager to accept a deed in a form acceptable to the Town Attorney for the turnaround as described in the Suggested Deed Description, Offer of Cession, Turnaround at the end of Davis Annex, Gorham, Maine, dated December 28, 2004 and as depicted on the plan titled “Land Conveyance, Land of Justin & Kelly Dearborn, Davis Annex, Gorham, Maine, dated December 04 and prepared by BH2M. 6 yeas.
Moved, seconded and VOTED to adjourn. Time of adjournment 9:15 p.m.
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A TRUE RECORD OF MEETING Attest:
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Cornelia C. Loughran
Deputy Town Clerk
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