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10/03/2006 Town Council Regular Meeting Minutes
        
REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
October 3, 2006

Chairman Phinney opened the meeting at 7:00 pm with the Pledge of Allegiance.

Roll Call:  Present:  Chairman Phinney; Councilors Dugas, Justice, Loveitt, Robinson, & Hamblen, Town Manager, David Cole, and Town Clerk, Christina Silberman.  Councilor Willett arrived after acceptance of the minutes at 7:02 pm.

Moved by Councilor Justice, seconded by Councilor Dugas, and VOTED to accept the minutes of the September 5, 2006 regular meeting.  6 yeas.

Open Public Communications

Susan Duchaine spoke regarding the development transfer overlay district that was adopted by the Town Council last month.  She asked the council to reconsider this action.

Hans Hansen, owner of the Agway Store and Farmer’s Market in South Gorham spoke regarding his proposal before the planning board for a small day care center with 6 house lots.  Mr. Hansen feels it is unfair that he has been asked to pay for the improvements at the intersection of Route 114 and Route 22.  The cost of the needed improvements should not come from one person’s pocket.

Deanna Welch, a junior at Gorham High School, spoke about the parking problem at the high school.  There were only 10 parking stickers available to juniors this year.  She would like the town to consider building a new parking structure.

Mike Chabot of Morrill Ave. asked for the status of the Morrill Ave. sidewalk project.  Town Manager David Cole responded that the project is under design and then will go out to bid.

Councilor Communications

There were no councilor communications.

Chairman’s Report

Chairman Phinney reminded citizens of the upcoming election on Nov. 7th and hopes everyone can get out to vote.

Town Manager’s Report

Town Manager, David Cole, reported that the Town Clock has been removed and repairs are underway and this could be about a six month process.

Mr. Cole also reported that he has awarded a 25 year service pin to Bob Mailman of the Police Department, a 35 year service pin to David Kearns of the Police Department, and a 20 year service pin to Connie Loughran of the Town Clerk’s Department.

Councilor Justice inquired about the TABOR issue and how it will affect the bypass funding for Gorham if it passes.  Mr. Cole replied that he has seen two analyses from MDOT and also a memo from MDOT indicating that if TABOR is adopted the funding needs will not be met and the project will not be possible.  Councilor Justice also asked about the required mailings to registered voters for referendum elections for tax and fee increases if TABOR passes.  The Town Manager reported that a typical election now costs between $5,000 - $7,000 and if TABOR is adopted the estimated costs to do the required mailings would be an additional $5,000.00.

Danny Shaw of Shaw Brothers Construction spoke regarding plans for a quarry and a portable asphalt plant they would like put on their property on Route 237.  They are in dire need of an asphalt plant.  Walter Stinson, who is working with Shaw Brothers to develop these plans, spoke about the plans.

Councilor Loveitt asked what significance is it to the citizens of Gorham to have this asphalt plant.  Mr. Stinson responded that asphalt products would be locally available and would also provide more competitive pricing.  The Town Manager stated that two years ago the town was paying $30-$34 per ton for asphalt and the town is currently paying $50 a ton.  Chairman Phinney asked how much a paving plant costs.  Mr. Shaw replied the cost would be 2-3 million dollars for a portable plant and the cost would be in excess of 10 million for a permanent plant.   Chairman Phinney asked if this is currently before the Planning Board.  A presentation has been made to the planning board.  Mr. Stinson replied that the project is in queue with the planning board.

School Committee Report

School Committee Chairman Jim Hager gave the school report.  Vandals struck at the Middle School again.  This is the third incident since May.  Mr. Kelly has solicited bids for security equipment including surveillance cameras.  Mr. Hager would like any thoughts on what can be done to prevent future vandalism.

The full day kindergarten subcommittee will be reporting soon.  The state is requiring notification of whether or not Gorham will offer full day kindergarten before considering the funding for the White Rock School Project.

The School Committee will attend the Sebago Education Alliance meeting on Oct. 12th to hear remarks on TABOR.

Mr. Hager reported on school enrollment figures.

The next White Rock Project Committee meeting will be held Oct. 4th.  The next School Committee meeting will be Oct 11th.

Mr. Hager thanked Councilors Hamblen and Robinson for their service on the Town Council.

Chairman Phinney asked for a report on costs for full day kindergarten.  Mr. Hager said full day kindergarten would be 3-4 years away for funding.

Councilor Robinson stated that he is happy to hear that we are looking for bids for surveillance cameras. He would like to see a reward offered for capture of the vandals.  Councilor Robinson asked if full day kindergarten would be funded by the state.  Mr. Hager responded that there is no support from the state currently in other communities for full day kindergarten.  Councilor Robinson feels that these unfunded mandates are really an issue.  He can see why TABOR and the likes are proposed.  He does not support TABOR.  If there were true tax reform in Augusta than these proposals would not keep coming up.

Councilor Loveitt thanked Mr. Hager for his interest in service as School Committee Chairman and for his attendance at the Town Council meetings.  He appreciates the efforts Mr. Hager makes to communicate School Committee issues with the Council.  Chairman Phinney echoed these comments.

Old Business

Item #7331 was moved by Councilor Dugas and seconded by Councilor Willett.  John Riordan spoke regarding this item.  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 SGC Engineering, LLC, on behalf of Blackwood Estates, LLC for Pyaevna Meadow Subdivision, to establish the location of the old Wescott School House lot by an exchange of quit-claim deeds, to the Economic Development/Capital Improvements Corporation for their recommendation.  7 yeas.

Item #7339 is an action to consider placing siding on the Library in Little Falls.  This item was properly moved, seconded, and postponed at the last meeting.  Moved by Councilor Loveitt, seconded by Councilor Willett and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled direct the Town Manager to cooperate with the Fire Chief to solicit inexpensive labor to paint the building as soon as possible.  7 yeas.

New Business

Public Hearing #1 is a proposal to eliminate the traffic circle on Solomon Drive.  Chairman Phinney opened the public hearing.  

Art Bowles, 2 William Henry Dr., spoke to oppose eliminating the traffic circle.  This issue has come up several times before.  He has a petition that was circulated two years ago and signed by 52 residents of Lombard Estates in support of keeping the traffic circle.  His primary concern is with safety for walkers, bikers, and joggers.  

Ted Kalicky, 1 William Henry Dr., spoke to oppose eliminating the traffic circle.  He invited any councilor to sit in his driveway between 6 and 8 am.  No one stops at the stop signs.  This is a cut through route.  Someone is going to get hurt.  If the circle is taken out, this is the only thing that slows the traffic.

Gary Nadeau, 35 Solomon Dr., spoke to oppose taking out the traffic circle.  He witnessed just this evening a vehicle blow through two stop signs at a high rate of speed.  The raised traffic tables are poorly marked and the stop signs don’t work.  

Sonja Frey, Solomon Dr., spoke and is also opposed to removing the circle.  It is scary to walk through this neighborhood.  Nobody slows down.  The circle makes people slow down.  The Comprehensive Plan says the town should do whatever it can to maintain quality for neighborhoods.  We are the bypass.  She remembers a proposal for signs to be put up and there are not any.  

Steve Tewhey, Solomon Dr., spoke opposing removal of the circle.  He indicated that a year ago we worked together on the issue of speeding in this neighborhood and the circle location was part of that consideration.  We should not be discussing removing the island until after the bypass is in place.

Kathy Sensecqua, 23 Solomon Dr., spoke and confirmed everything that has been said tonight.  There is a drainage problem at the circle.  She would like the council to reconsider this item and would like to be involved in a plan for safety.

Bernard Rines owns property within Lombard estates.  He expressed his concerns with the proposed bypass route that will run along the area.

Art Bowles spoke again to say that in October 1994 a letter was sent to David Cole regarding the traffic circle and in November 1994 Mr. Cole sent a letter to Carole Fryover indicating that because of the comments and objections raised by residents the traffic circle will remain as constructed.

Chairman Phinney closed the public hearing.
        
Item #7340 to develop plans to eliminate the traffic circle on Solomon Drive was moved by Councilor Dugas.  There was no second.  Motion fails.

Public Hearing #2 is on the November 7, 2006 Referendum Election to amend Article II, Town Council, Section 204.16 and Article IX, Initiative and Referendum, Section 901, of the Town Charter that increases the allowable amount of capital expenditures before requiring a referendum.  Chairman Phinney opened the public hearing.  

The Town Manager reported on this item.  

Bill Wise, Richard Rd., thanked the outgoing councilors. He would like the citizens to be involved in when and how funds are spent.  He urges citizens to vote no on this charter change.  He feels the current $250,000 limit is significant.  It may be time for a charter review commission to be established.  He thanked the council for scheduling this vote for November and not June.  

Chairman Phinney closed the public hearing.

Public Hearing #3 is on the November 7, 2006 Referendum Election to amend Article IX, Initiative and Referendum, Section 902 and Section 903 of the Town Charter that would require petitioners to personally circulate petitions.  Chairman Phinney opened the public hearing.  

The Town Manager reported on this item.  There were no public comments.

Chairman Phinney closed the public hearing.

Item #7341  Moved by Councilor Dugas, seconded by Councilor Justice and VOTED.
          
Whereas, it is necessary that Federal, State, and Local Government personnel coordinate their efforts to effectively and efficiently manage incidents; and,

Whereas, the National Incident Management System (NIMS) will provide a common system for Federal, State and Local Government to act effectively and efficiently together to prepare for, prevent, respond to and recover from domestic incidents, regardless of the cause, size or complexity,

NOW THEREFORE BE IT ORDERED, that the Town Council of the Town of Gorham, Maine, in Town Council assembled adopt the National Incident Management System for the Town of Gorham.  7 yeas.

Item #7342 Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept the bid from Nortrax for the John Deere model for $140,286 to purchase a front end loader.

BE IT FURTHER ORDERED, that the Town is authorized to finance the purchase through a 5-year lease purchase as approved in the budget.  5 yeas, 2 nays (Phinney & Loveitt).

Item #7343  Moved by Councilor Dugas, seconded by Councilor Justice, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a request to amend the Shoreland Zoning Map to the Planning Board for Public Hearing and their recommendation.  7 yeas.

Item #7344      Moved by Councilor Dugas, seconded by Councilor Hamblen, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled ask the Economic Development / Capital Improvement Corporation to review the Town’s Development Review Process and consider options to reorganize the process to make it more efficient and to make recommendations to the Town Council.  6  yeas, 1 nay (Willett).

Item #7345  Moved by Councilor Robinson, seconded by Councilor Dugas, and ORDERED by the Town Council of the Town of Gorham, Maine, in Town Council assembled that the polls be open for the November 7, 2006 Annual Municipal and Special Referendum / State General and Referendum Election between the hours of 7:00 a.m. and 8:00 p.m.; and,

BE IT FURTHER ORDERED that the Registrar of Voters be in session between the hours of 8:30 a.m. and 4:30 p.m. on Wednesday, November 1, 2006, 8:30 a.m. and 6:30 p.m. on Thursday, November 2, 2006, 7:30 a.m. and 4:30 p.m. on Friday, November 3, 2006, and 8:30 a.m. and 4:30 p.m. on Monday, November 6, 2006 for the purpose of registering citizens to vote and correcting the voter list; and,
BE IT FURTHER ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled appoint the following Wardens and Ward Clerks for the November 7, 2006 Annual Municipal and Special Referendum / State General and Referendum Election and that the Town Clerk is authorized to make changes to these appointments as needed.

Ward 1:  Rose Phinney – Warden, Robert Skinner – Ward Clerk
Ward 2:  Pat Clay – Warden, Nancy Kenty – Ward Clerk
Ward 3:  Linda Deering – Warden, Laurel Smith – Ward Clerk
Ward 4:  Connie Loughran – Warden, Christina Silberman – Ward Clerk
7yeas.

Item #7346      Moved by Councilor Justice, seconded by Councilor Willet, and ORDERED by the Town Council of the Town of Gorham, Maine, in Town Council assembled set the date of the next Regular Town Council meeting to November 14, 2006.  7 yeas.

Moved by Councilor Justice, seconded by Councilor Dugas, and VOTED to adjourn the meeting at 9:15 pm.  7 yeas.


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