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11/14/2006 Town Council Regular Meeting Minutes
CORRECTED REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL November 14, 2006

Chairman Phinney opened the meeting at 7:01 pm with the Pledge of Allegiance.

Roll Call of the 2005-2006 Town Council:  Present:  Chairman Phinney; Councilors Dugas, Justice, Willett, Loveitt, Robinson, & Hamblen, Town Manager, David Cole, and Town Clerk, Christina Silberman.  

Moved by Councilor Loveitt, seconded by Councilor Robinson, and VOTED to accept the minutes of the October 3, 2006 Regular Meeting as printed and distributed.  7 yeas.

Open Public Communications

There were no public comments.

Councilor Communications

Councilor Willett reported that the next finance committee meeting is Thursday, December 14th.

Councilor Hamblen asked the Town Manager about the Maine Municipal Association (MMA) and commented on MMA’s contribution to the opposition of TABOR.  

Councilor Justice reported on the White Rock Building Committee.  Their primary focus now is for the site of the new school.  The committee is working with Deluca Hoffman Associates for the site search.  A meeting is scheduled for Jan 17th for a community forum to provide input.

Chairman’s Report

Chairman Phinney congratulated the girls’ soccer team on their state championship.  He offered congratulations to all student athletes that participate in sports and stated that they are all winners.  The Football Championship game will be at Fitzpatrick stadium in Portland this Saturday.

Town Manager’s Report

Town Manager David Cole reported that a 10 year service pin has been presented to Gina Roberts of the Public Works Department.  Mr. Cole also reported that the Recreation Department has received official notification that we are in the Guinness Book of World Records for the “Most People Wearing Groucho Marx glasses”.  He conngratulated Cindy Hazelton and all of her staff.  

The annual Burn Off the Turkey 5K race will be November 25th at 9 am, residents should contact the Recreation Department to sign up.  The Tree Lighting Ceremony will be held on November 26th at 4 pm.

The Municipal Center Offices close at noon this Friday to breakdown furniture to prepare for the move.  The big move will occur December 1st and 4th, and offices will be closed on those dates.  The New Municipal Center will open for business on Tuesday, December 5th.  The project is coming along well.  The next meeting of the Gorham Town Council will be on December 5th and is planned to be held at the new facility.  


School Committee Report

School Committee Chairman Jim Hager reported for the School Committee.  The Strategic Plan for Gorham Schools will be completed in December and submitted for acceptance to the School Committee.  Mr. Hager reported that there may be a request for one or two portables for the High School in the FY08 budget.  The sub-committee to name the Middle School Auditorium has endorsed the name The Bailey-Silcox Auditorium.  The next White Rock Project Committee meeting is Wednesday, December 6th.  The next School Committee workshop is November 29th and the next business meeting will be December 13th.  The Gorham Rams football team is playing for the Class A State Football Championship this Saturday at Fitzpatrick Stadium.

Councilor Hamblen stated that Mr. Hager has been the best communicator for the School Department that we’ve had.  Councilor Hamblen commented that he is critical of the Maine Municipal Association because they funded opposition to TABOR and he feels the same about the National Education Association.

Chairman Phinney presented a plaque to outgoing Councilors Hamblen and Robinson and thanked them for their service.

Councilor Robinson commented that he would like the new council to consider placement of the town clock.  He commented positively on his time serving on the Town Council and thanked many people for their service and support over the years.     

Election Report

The Town Clerk gave the report of the November 7, 2006 Annual Municipal and Special Referendum Election.

The newly elected Councilors Brenda Caldwell and Shonn Moulton were sworn in by the Town Clerk.

Roll Call of the 2006-2007 Town Council:  Present:  Councilors Phinney, Dugas, Justice, Willett, Loveitt, Caldwell, & Moulton, Town Manager, David Cole, and Town Clerk, Christina Silberman.   

Item #7347  Moved by Councilor Dugas, seconded by Councilor Willett, and  VOTED to elect Norman Justice as the Chairman of the Gorham Town Council for 2006-2007.  7 yeas.

Item #7348  Moved by Councilor Willett, seconded by Councilor Phinney, and VOTED to elect Burleigh Loveitt as the Vice-Chairman of the Gorham Town Council for 2006-2007.  7 yeas.

Item #7349  Moved by Councilor Loveitt, seconded by Councilor  Willett and VOTED to appoint members as presented to the following Council Committees:

1.        Finance Committee:  Jane Willett, Chairman, Shonn Moulton, & Philip Dugas  
2.      Ordinance Committee:  Michael Phinney, Chairman, Burleigh Loveitt, & Brenda        Caldwell
3.        Appointments/Personnel Committee:  Philip Dugas, Chairman, Brenda Caldwell, & Jane Willett

4.      Economic Development/Capital Improvements Committee:  Burleigh Loveitt, Chairman, Michael Phinney, & Shonn Moulton
5.      Representative to the Greater Portland Council of Governments:  Norman Justice
6.      Ad Hoc Representative to the Recreation Advisory Board:  Brenda Caldwell
7.      Ad Hoc Representative to the Cable TV Committee:  Jane Willett.  7 yeas.

Item #7350  The proposed order to adopt the council rules was moved by Councilor Phinney and seconded by Councilor Dugas.  Moved by Councilor Loveitt and seconded by Councilor Caldwell to amend the council rules so that the expenditure of town funds in the amount of $1,000 or greater for the purchase of durable and/or capital goods shall be accompanied by not fewer than three qualified bids or quotations and shall be subject to the council approval.  Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to postpone this item until the next meeting.  7 yeas.

Moved by Councilor Phinney seconded by Councilor Willett and VOTED to waive the rules and take item #7361 out of order and hear it now.

Item #7361  The prepared order was moved by Councilor Caldwell and seconded by Councilor  Loveitt.  7 yeas.

Whereas, the Gorham High School Girls' Soccer Team has worked hard and long and spent many hours at practice; and

Whereas, the Gorham High School Girls' Soccer Team has worked together to combine 21 individual players and one manager into one very effective team; and

Whereas the Gorham High School Girls' Soccer Team has been undefeated for 35 consecutive games; and~

Whereas, the Gorham High School Girls' Soccer Team has won the Western Maine High School Girls' Soccer championship for the third consecutive year; and

Whereas, the Gorham High School Girls' Soccer Team has defeated the 2006 Class A Eastern Maine High School Girls' Soccer champion team with a 1 to 0 score in the State Championship Game; and.

Whereas, the Gorham High School Girls' Soccer Team has won the High School Girls' Soccer State championship for the third consecutive year, 2004 in Class B and 2005 and 2006 in Class A, and

Whereas, the Gorham High School Girls' Soccer Team has brought much pride, excitement~and joy to their fellow students and to citizens of Gorham,

Now, Therefore, Be It Resolved that the Gorham Town Council does hereby congratulate Coaches Zarrilli and Martin; Co-Captains Caitlin Butterfield and Kelsey Wilson and the entire Gorham High School Girls' Soccer Team on its winning of the Class A Maine State Girls' High School Soccer State Championship.  7 yeas.~

Public Hearing #1 is regarding renewal of Automobile Graveyard and/or Junkyard permits for 2007.  Chairman Justice opened the public hearing.  There were no public comments.  Chairman Justice closed the public hearing.

Item #7351      Moved by Councilor Phinney, seconded by Councilor  Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve renewal of the following Automobile Graveyard and/or Junkyard permits for 2007;

        Chet’s Auto Sales, Inc.
        Dumbo Enterprises
        Hopkin’s Salvage
        LKQ Corporation
        M & D Realty
        Moody’s Collision Centers
        Reichert’s Auto Body
        South Street Auto Body, Inc.
        Young’s Auto Salvage  7 yeas.

Public Hearing #2 is regarding a new Victualer’s License for Susan J. Duchaine d/b/a Gorham Diner & Variety, Inc.  Chairman Justice opened the public hearing.  Susan Duchaine spoke about her application.  Chairman Justice closed the public hearing.

Item #7352  Moved by Councilor Dugas, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve issuance of a new Victualer’s License for Susan J. Duchaine d/b/a Gorham Diner & Variety, Inc.  7 yeas.

Public Hearing #3 is for renewal of a liquor license for Sebago Brewing Company.  Chairman Justice opened the public hearing.  There were no public comments.  Chairman Justice closed the public hearing.

Item #7353  Moved by Councilor Moulton, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the renewal of a liquor license for Sebago Brewing Company.            7 yeas.

Public Hearing #4 is regarding a change to Burials Section 6.9 and new annual maximums for the General Assistance Ordinance.  Chairman Justice opened the public hearing.  There were no public comments.  Chairman Justice closed the public hearing.

Item #7354  The proposed order was moved by Councilor Phinney and seconded by Councilor Dugas.

WHEREAS, the Town of Gorham General Assistance Ordinance needs to be updated from time to time to reflect changes in State laws and maximum levels of assistance,

NOW, THEREFORE, BE IT ORDAINED by the Town Council of Gorham, Maine in Town Council assembled that the Town of Gorham General Assistance Ordinance be amended as follows;

1)      Changes to Burials Section 6.9; changes in notification time by funeral director from next day to 3 days following receipt of the body.  Change from 10 days to 8 days for General Assistance Administrator to determine eligibility.
2)      Adoption of new State maximum levels of assistance.  7 yeas.  

Item #7355  The proposed order was moved by Councilor Dugas and seconded by Councilor Phinney.  Mr. Hansen explained this request. Chris Vaniotis, from Bernstein Shur, spoke on this item.  Tom Greer from Pinkham and Greer commented on the intersection improvement.  The proposed order was then voted.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a request from Hans Hansen, asking the Town to implement an Impact Fee or approve a Tax Increment Financing District to help pay the costs of traffic improvements to the intersection of Route 22 and Route 114, to the Ordinance Committee for their recommendation.  7 yeas.

Item #7356  This item was moved by Councilor Phinney and seconded by Councilor Dugas.  The Town Manager explained this item.  The proposed order was then VOTED.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the Ordinance Committee to review the Land Use and Development Code and make recommendations to the Town Council.  7 yeas.

Item #7357  This item was moved by Councilor Caldwell and seconded by Councilor Dugas.  The Town Manager explained this item.  The proposed order was then voted.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept Brookdale Drive, located in Brookdale Subdivision, as a public road; and,
        
BE IT FURTHER ORDERED that Brookdale Drive be classified as a Rural Access Road.  7 yeas.   

Item #7358  The proposed order was moved by Councilor Phinney and seconded by Councilor Moulton.  The Town Manager explained this item.  Town Engineer Tim Braun spoke on this item.  The proposed order was then voted.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept Mountview Drive, located in Nonesuch Farm Subdivision as a public road; and,
        
BE IT FURTHER ORDERED that Mountview Drive be classified as a Rural Access Road.  7 yeas.   

Item #7359 regarding acceptance of Hay Field Drive was withdrawn.

Item #7360 The proposed order was moved by Councilor Phinney and seconded by Councilor Dugas.  The Town Manager explained this item.  The proposed order was then VOTED.  ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled abate all real estate taxes, and costs for property at 15 Jameson Drive for fiscal years 2004, 2005, and 2006 based on a Maine Supreme Court decision in Wood v. Bell with the understanding that supplemental tax bills will be issued pursuant to the court decision.  7 yeas.

Item #7361  This item was taken out of order and heard prior to Public Hearing 1.

Moved by Councilor Phinney seconded by Councilor Dugas and VOTED to waive the rules and take up an item not on the agenda.  7 yeas.

Moved by Councilor Phinney, seconded by Councilor Willett, and ORDERED that the Town Council issue an overlimit permit for Project No. STP-8899(00)X, which is a construction project for the intersection of Routes 237 and 25 (Mosher’s Corner) pursuant to Title 29-A, MRSA, Section 2382.  7 yeas.

Item #7362  Moved by Councilor Phinney, seconded by Councilor Moulton, 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 for the purpose of hearing an application for abatement of taxes based on poverty.  7 yeas.

Moved by Councilor Phinney, seconded by Councilor Dugas, and VOTED to come out of executive session.  7 yeas.

Moved by Councilor Phinney, seconded by Councilor Loveitt and VOTED to grant an abatement of taxes, interest, and costs for the 2005 and 2006 tax years for application A-06-06, pursuant to Title 36, M.R.S.A., Section 841(2).  7 yeas.

Moved by Councilor Phinney, seconded by Councilor Dugas, and VOTED to adjourn the meeting at 8:40 pm.  7 yeas.

A TRUE RECORD OF MEETING                Attest:  ____________________________
                                                        Christina Silberman, Town Clerk