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REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
September 5, 2006 - 7:00 p.m.
Chairman Phinney opened the meeting at 7:03 pm with the Pledge of Allegiance.
Roll Call: Present: Chairman Phinney; Councilors Dugas, Justice, Willett, Loveitt, Robinson, & Hamblen, Town Manager, David Cole, and Town Clerk, Christina Silberman.
Moved by Councilor Justice, seconded by Councilor Willett, and VOTED to accept the minutes of the August 1, 2006 Regular Meeting and the August 22, 2006 Special Meeting. 7 yeas.
Open Public Communications
There were no public comments.
Councilor Communications
Councilor Willett reported that the Finance Committee met in August and reviewed the rescue collection procedure. They also discussed the tax acquired property item on the agenda tonight and reviewed the financials.
Councilor Dugas reported that cemeteries were discussed at the last Town Council meeting. He visited the cemeteries and he feels it will take a crew of 20. The town may have to look at a different way of solving the problem.
Chairman’s Report
Chairman Phinney thanked TD Banknorth for their contribution of a new scoreboard.
Town Manager’s Report
The Town Manager announced that the South Street paving project begins Sept. 10th and will continue through Sept. 12th. Work will be done at night because of traffic issues.
Mr. Cole also reported that the Maine Department of Transportation has scheduled a public hearing for Sept. 18th at 7 pm on the Gorham bypass to present the final design.
The tax rate has been set at 19.40, a 10-cent reduction from last year’s tax rate.
School Committee Report
School Committee Chairman, Jim Hager, gave the school committee report. School has started. He reminded the public that they will need extra time to drive through town now that school is in session. Mr. Hager thanked Bob Burns for sharing the Route 114 construction schedule with everyone. The next White Rock project committee meeting will be on Sept. 11th. The next School Committee meeting will be Sept. 13. Mr. Hager distributed the 2006-2007 school calendar, prepared by Kathy Richardson, to the council.
Chairman Phinney asked if full day kindergarten is being planned for next year? Mr. Hager reported that a sub committee is reviewing the issue and it is still in the planning stages. Mr. Hager doubts full day kindergarten will begin next year. Pre-K is also an issue that will be on the horizon in coming years.
The Town Manager reported that the new Municipal Center project is going quite well and he estimates the project is 80-90% done at this point. The project should be substantially done by October 22nd. The tentative time frame for the move is to dismantle some office furniture at the current Municipal Center on Nov. 17th to set up in the new Municipal Center. The Superintendent’s Office plans to move 11/30-12/1 and town offices plan to move 12/1-12/4. The goal is to have the new Municipal Center open for business December 5th.
Chairman Phinney commented that future meetings will be held at the new Municipal Center beginning in December.
Old Business
Item #7318 This item was properly moved and seconded at the previous Town Council meeting.
Town resident, David Homa, spoke on this issue. He is a proponent for preserving green space. He expressed his concern that this item it is not mandatory and has no teeth.
Moved by Councilor Justice, seconded by Councilor Willett and VOTED to amend the proposed order and add the word “silviculture” after the word “agriculture” in three places in the priorities section of the order. 7 yeas.
Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED to amend the proposed order by adding on page 2 “public water and” after “The development will be served by” and before “the public sewererage system…”. 7 yeas.
Moved by Councilor Loveitt to remove amendment #3 on the last page of the proposed order. Motion failed for lack of a second.
Moved by Councilor Justice, seconded by Councilor Willett and VOTED to amend the proposed order to add “For all subdivisions located within the development transfer overlay district that are located in other districts sidewalks shall be provided within the subdivision and connected to the existing public sidewalk system where reasonable.” to Chapter II, Section V – Minimum Standards for the Design And Construction of Streets and Ways, sub-section F item 11) Sidewalks. 5 yeas, 2 nays (Dugas & Hamblen)
Moved by Councilor Hamblen, seconded by Councilor Dugas and VOTED to move the question. 5 yeas, 2 nays (Phinney & Loveitt).
Whereas, the Town of Gorham is experiencing strong residential growth that is consuming open space; and,
Whereas, lower density residential development creates higher infrastructure costs; and,
Whereas, areas of the community that have public sewer have greater capacity to support residential housing than areas that do not have public sewer; and,
Whereas, the Town wishes to preserve more open space for current and future residents while also accommodating residential growth by encouraging more cost efficient development;
NOW THEREFORE BE IT ORDAINED that the Town Council amend Chapter I and Chapter II of the Land Use and Development Code to create a Development Transfer Overlay District to allow well planned, higher density residential development to be located in areas with public sewer in exchange for the payment of a development transfer fee that would be used to purchase conservation land or easements and open space; and,
BE IT FURTHER ORDAINED that the town’s official zoning map be amended to reflect this change; and,
BE IT FURTHER ORDAINED that the Town Council determines that this proposed amendment is consistent with the Town’s Comprehensive Plan. 4 yeas, 3 nays (Phinney, Dugas, & Hamblen).
Proposed Amendments to the Land Use and Development Code to Create a Development Transfer Overlay District - Revised September 5, 2006
1. Amend Chapter I. Zoning Regulations by creating a new Section XVIII to read as follows:
SECTION XVIII – DEVELOPMENT TRANSFER OVERLAY DISTRICT
A, PURPOSE
The purpose of the Development Transfer Overlay District is to create livable, walkable neighborhoods in areas of the community where public sewerage is available or planned while minimizing development in other areas of the community where intensive development is not desired. This will be accomplished by allowing well-planned, higher density residential development in designated areas with public sewerage in exchange for the payment of a development transfer fee. The development transfer fee will be used by the Town to purchase conservation land and/or easements and open space.
B. APPLICABILITY
The provisions of this overlay district are optional. A land owner within the overlay district may choose to develop in accordance with the provisions of this overlay district or the provisions of the underlying zoning district. If the owner chooses to develop in accordance with these provisions, all subsequent development on the parcel shall then be subject to these requirements.
The provisions of this overlay district may only be utilized by new residential subdivisions or projects that are subject to site plan review and that meet all of the following provisions:
1) The development is located within the Development Transfer Overlay District as shown on map of the Development Transfer Overlay District adopted by the Town Council as part of the Official Zoning Map;
2) The development will be served by public water and by the public sewerage system of the Town of Gorham and all buildings with plumbing facilities within the development will be connected to the sewer system; and
3) The owner or developer will pay a development transfer fee in accordance with the provisions of E.1.
The provisions of this district supplement and modify the provisions of the underlying zoning district. Where the provisions of the overlay district differ from or conflict with the provisions of the underlying district, these provisions shall govern if the property owner has chosen to develop in accordance with the overlay district provisions. The plan of any development approved in accordance with the overlay district must include a plan note stating that the plan was approved in accordance with the Development Transfer Overlay District, that a development transfer fee will be required to be paid prior to the issuance of the building permit for each dwelling unit in the development, and that all future development of the original parcel or lots created as part of the approval must be done in accordance with
the provisions of the overlay district.
The provisions of the overlay district only apply to subdivisions and other developments approved in accordance with the overlay district and may not be applied to a lot(s) that is not located within a subdivision that was approved and developed in accordance with the provisions of the overlay district including the following:
1) lots within a subdivision that was approved prior to the effective date of this section,
2) lots in a subdivision that was approved and developed in accordance with the provisions of the underlying zoning district, or
3) lots that are not part of a subdivision.
C. PERMITTED USES
Only uses allowed in the underlying zoning district shall be permitted in the overlay district. Uses that are permitted uses in the underlying zoning district remain permitted use and uses that are special exceptions in the underlying zoning district remain special exception uses.
D. SPACE STANDARDS
The following space standards apply to the subdivision or project and to the lots within the subdivision based upon the underlying zoning district.
Standard |
If the underlying zone is any district other than Rural |
If the underlying zone is Rural |
Minimum net acreage per dwelling unit |
6,000 sq. ft. |
9,000 sq. ft. |
Minimum lot size: - one-family dwelling - two-family dwelling - multi-family dwelling or apartment - non-residential use |
8,500 sq. ft. 15,000 sq. ft. 20,000 sq. ft.
15,000 sq. ft. |
12,750 sq. ft. 22,500 sq. ft. 30,000 sq. ft.
15,000 sq. ft. |
Minimum street frontage: - one-family dwelling - two-family dwelling - multi-family dwelling or apartment - non-residential use |
75 feet 100 feet 120 feet
100 feet |
75 feet 125 feet 150 feet
100 feet |
Minimum front yard for one and two-family dwellings: - access or sub-collector street or private way - collector street or service road - arterial street |
15 feet
30 feet
70 feet |
15 feet
30 feet
70 feet |
Maximum front yard for one and two-family dwellings: - access or sub-collector street or private way - collector street or service road - arterial street |
25 feet*
none
none |
25 feet*
none
none |
Minimum front yard for multi-family dwellings, apartments and non-residential uses: - access or sub-collector street or private way - collector street or service road - arterial street |
20 feet
30 feet
70 feet |
20 feet
30 feet
70 feet |
Minimum side and rear yards: - one-family dwelling - two-family dwelling - multi-family dwelling, apartment, or non-residential use |
10 feet 15 feet 30 feet or height of building whichever is greater |
10 feet 15 feet 30 feet or height of building whichever is greater |
Maximum building height |
None |
None |
* Not more than ten percent (10%) of single and two-family dwellings within a subdivision may have a front yard or setback of more than twenty-five (25) feet provided that:
1) any lot with a front yard greater than twenty-five (25) feet may not abut another lot with a front setback of more than twenty-five feet, and
2) any lot with a front yard greater than twenty-five feet must be identified on the approved subdivision plan and the maximum front yard for the lot specified on the plan.
E. PERFORMANCE STANDARDS
In addition to the performance standards of Chapter II, all new subdivisions and developments that are approved in accordance with the provisions of the Development Transfer Overlay District must conform to the following performance standards. If these standards conflict with the performance standards of the underlying zone, these standards apply.
1. Development Transfer Fee and Calculations
a) Calculation of the Fee – The development transfer fee that must be paid by a subdivision or development shall be based upon the number of “bonus units” included in the approved subdivision or development plan. “Bonus units” are approved dwelling units in excess of the number of dwelling units that could be built on the site in accordance with the provisions of the underlying zone.
The number of “bonus units” shall be determined by the Planning Board as part of the approval of the subdivision or site plan. The number of bonus units shall be calculated by determining the maximum number of dwelling units that could be developed on the site based on the underlying zoning, site conditions, and allowable density bonuses and subtracting those units from the number of approved dwelling units.
The maximum number of dwelling units allowed in the underlying zone shall be calculated as follows:
1) If the underlying zone has a maximum density provision based upon net residential density or net acreage per dwelling unit, the maximum number of units allowed under the underlying zoning shall be calculated based upon this requirement and calculated by dividing the net acreage of the area proposed to be subdivided by the per unit factor, plus any additional units allowed in the underlying district for the use of public sewerage and/or public water.
2) If the underlying zone does not have a maximum density requirement based upon net residential density or net acreage per dwelling unit, the maximum number of units allowed under the underlying zoning shall be determined by multiplying the gross acreage of the area proposed to be subdivided by sixty-five percent (65%) to allow for access and unusable land and then dividing the resulting net area by the minimum lot size for one family dwellings or the minimum lot area per dwelling unit for two-family dwellings or multifamily housing plus any additional units allowed in the underlying district for the use of public sewerage and/or public water.
The total development transfer fee for a subdivision or project shall be calculated by multiplying the number of “bonus units” determined by the Planning Board times the per unit Development Transfer Fee established by the Town Council (tentatively proposed to be $15,000 per unit).
b) Payment of the Fee – The total development transfer fee for the subdivision or project shall be divided by the total number of approved dwelling units in the subdivision or project to determine the development transfer fee for each dwelling unit. The per dwelling unit development transfer fee shall be paid to Town at the time of the issuance of the building permit for each dwelling unit in the project.
c) Use of the Fee – Development transfer fees collected by the Town shall be deposited into a separate account and must be used only for acquiring the fee in or conservation easements on potentially developable land in areas where the Town desires to discourage growth in accordance with the priorities set forth below.
Any land acquired with development transfer fees must be permanently restricted from development and be used for conservation, passive and/or active recreation, and open space purposes. Development transfer fee revenue may be used in conjunction with other Town funds, impact fee revenue, or other private or government funding to acquire land or easements provided that the intent of this section is met.
The Town Council shall be guided by the following priorities in acquiring land or development rights/conservation easements with the development transfer fees:
- land that is adjacent to Town-owned recreational facilities or open space that is consistent with that use
- land that is adjacent to the Presumpscot or Little Rivers
- land that is currently in agricultural or silvicultural use and will remain in agricultural or silvicultural use
- land that is adjacent to land that is in agricultural or silvicultural use and that is permanently protected from development
- land with significant historical or archeological value
- land that has significant natural resource value but that is developable
- land within the viewshed from the top of Fort Hill toward Mount Washington with a priority for those parcels closest to the top of the hill
- land adjacent to or visible from arterial and rural collector roads in areas that are zoned Rural or a future low-density equivalent
- land that maintains the integrity of unfragmented habitat blocks
- other land that is identified as open space or conservation land in the Town’s Comprehensive Plan including land adjacent to the principal approaches to Gorham
2. Design Standards
All subdivisions and other developments are subject to the provisions of A. 6) of Chapter II. Section IV – Residential and the plan shall show how these criteria will be addressed.
3. Additional Standard for One and Two-Family Lots
If a subdivision approved in accordance with these overlay provisions contains individual lots that will be developed with one or two-family dwellings, the layout of those lots should be deeper than they are wide to provide a suitable, private rear yard. At least eighty percent (80%) of lots within the subdivision that will contain single-family or two-family dwellings must have an average lot depth that is at least one hundred forty percent (140%) of the lot width as measured between the side lot lines of the lot at the rear of the required minimum front yard.
4. Access Limitations
Access to subdivisions or developments shall be designed to minimize the number of entrances onto arterial or collector roads. Direct vehicular access to individual lots or uses from existing roads classified as arterials, collectors or sub-collectors shall not be allowed unless the Planning Board finds that there is no reasonable alternative access.
5. Open Space
A portion of any new subdivision or project with more than ten lots or units must be set aside within the development and permanently protected as open space to serve the residents of the project. This requirement is in addition to any requirement for the payment of a recreational facilities or open space impact fee. The total combined area of the open space set aside within the subdivision shall be a minimum of ten percent (10%) of the gross area of the parcel. This open space must include an area of usable land as defined by the net acreage provision that is at least five percent (5%) of the total net acreage of the parcel (For example, if the net acreage of the parcel is twenty acres then at least 5% or one acre of the open space must be usable land).
The required open space within the subdivision or project may be used for the following types of uses:
- formal open spaces such as greens, commons, and parks
- passive recreation areas
- natural resource or conservation areas
At least fifty percent (50%) of the required usable land within the open space shall be developed for formal spaces or recreation facilities. The Planning Board may waive or reduce this requirement if it finds that, due to the scale of the development, compliance with this requirement will not result in usable open space.
6. Parking Lot Locations
Parking lots for five or more vehicles to serve multi-family housing, apartments, and non-residential uses shall be located to the side or rear of the building where feasible. No parking lots for these uses shall be permitted in the required front yard area.
2. Amend Chapter II. Section V – Minimum Standards for the Design And Construction of Streets and Ways to revise the definitions of Sub collector Street and Access Street in sub-section D. DEFINITIONS to read as follows:
3) Sub collector Street: A street which is designed to carry traffic between local access streets and collector streets.
a) Rural Sub collector – Any street which is classified as a sub collector and located in either the Rural or Suburban Residential Districts, except for a sub collector street that is located within the Development Transfer Overlay District and serves a subdivision or development that conforms to the overlay district requirements, and which is . . . .
b) Urban Sub collector – All other streets which are classified as sub collectors, including a sub collector street that is located within the Development Transfer Overlay District and serves a subdivision or development that conforms to the overlay district requirements, shall be . . . .
4) Access Street: A local street designed to provide access to abutting property and to carry no more traffic than that generated by the uses along the street.
a) Rural Access Street: -- Any access street located in either a Rural or Suburban Residential District, except for an access street that is located within the Development Transfer Overlay District and serves a subdivision or development that conforms to the overlay district requirements, which serves . . . .
b) Urban Access Street – All other streets that are classified as access streets, including an access street that is located within the Development Transfer Overlay District and serves a subdivision or development that conforms to the overlay district requirements, shall be . . . .
3. Amend Chapter II. Section V – Minimum Standards for the Design And Construction of Streets and Ways to revise item 11) Sidewalks in sub-section F. STREET DESIGN STANDARDS – PUBLIC WAYS to read as follows:
11) Sidewalks – Sidewalks shall be provided within all subdivisions in the Village Center, Urban Commercial, Commercial Office, Office Residential, and Urban Residential Districts, and for all subdivisions located within the Development Transfer Overlay District that conform to the overlay district requirements, with connection to the existing sidewalk network provided for the safety and convenience of the residents, per the standards in Table 1 and Figures 1, 2, 3 and 5. The sidewalk location in figures 1,2,3 and 5 is preferred; however, it may, at the discretion of the Planning Board, be positioned at curb line with zero esplanade. Sidewalks may also be required in
subdivisions which abut any of the above Districts.
Sidewalks may also be required, for the safety and convenience of the public, by the Planning Board or Site Plan Review Committee for major and minor developments located along arterial and collector streets and which are within reasonable distance of the existing sidewalk network.
Sidewalks, when required, shall be a minimum of five (5) feet in width, unless site conditions dictate a different width.
For all subdivisions located within the development transfer overlay district that are located in other districts sidewalks shall be provided within the subdivision and connected to the existing public sidewalk system where reasonable
4. Amend Chapter II. Section V – Minimum Standards for the Design And Construction of Streets and Ways by adding a new item 13) Street Trees in sub-section F. STREET DESIGN STANDARDS – PUBLIC WAYS to read as follows:
12) Street Trees – One street tree shall be planted on both sides of a street for every fifty (50) feet of street frontage within all subdivisions located within the Development Transfer Overlay District that conform to the overlay district requirements. The type and location of the trees shall be subject to Planning Board approval in accordance with the provisions of A. 6) of Chapter II. Section IV – Residential. The preferred location of the street trees is within the esplanade or immediately behind the sidewalk either within the street right-of-way or on the individual lots.
New Business
Public Hearing #1 Chairman Phinney opened the public hearing. There were no comments from the public. Chairman Phinney closed the public hearing.
Item #7328 Moved by Councilor Willett, seconded by Councilor Justice, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the renewal of a liquor license for Gorham House of Pizza. 7 yeas.
Public Hearing #2 Chairman Phinney opened the public hearing. Frank Nappi Jr., owner and Vice President of Nappi Distributors, thanked the town for their help. Mr. Nappi spoke about his company and this application. Chairman Phinney closed the public hearing.
Item #7329 Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to waive the reading of the proposed order. 7 yeas. The proposed order was moved by Councilor Justice and seconded by Councilor Dugas.
Moved by Councilor Loveitt, seconded by Councilor Willett and VOTED to amend the proposed order to agree to a 52% TIF for a period of not more than 20 years. 7 yeas
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, Nappi Distributors currently intends to construct a 155,000 square foot facility for warehousing and administration 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 Nappi Distributors 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, Maine in Town Council assembled that:
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, 2006 does not exceed five percent (5%) of the total value of equalized taxable property within the Town as of April 1, 2006; 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 Nappi Distributors 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 Nappi Distributors developing Tax Map 32, Lot 13 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; and,
BE IT FURTHER ORDERED that the TIF development district shall be for 20 years with 52% of the property taxes returned annually to the developer . 7 yeas.
Chairman Phinney called a recess for a ten minute break.
Public Hearing #3 Chairman Phinney opened the public hearing. There were no public comments. Chairman Phinney closed the public hearing.
Item #7330 The proposed order was moved by Councilor Dugas and seconded by Councilor Willett.
WHEREAS, the last increase in user rates for the Town’s sewer system was in January, 1995; and,
WHEREAS, the rate of inflation, as measured by the CPI-U, since January 1995 is 35.4%; and,
WHEREAS, the most current fiscal year that ended June 30, 2006 for the sewer fund had a deficit; and,
WHEREAS, the Town Council intends to go forward with a project to close the Little Falls Treatment Plant, in part because it is expensive to operate; and,
WHEREAS, the project to close the Little Falls Treatment Plant will make the system more cost effective in the long run, but will increase debt in the short run,
NOW THEREFORE BE IT ORDERED that the Gorham Town Council adjust the sewer rates as follows;
1) Base rate for first 100 cf from $11.44/mo to $13.74/mo
2) Readiness to serve fee from $11.44/mo to $13.74/mo
3) Additional HCF after first 100 cf from $4.44/mo to $6.29/mo; and,
BE IT FURTHER ORDERED that the new sewer rates will become effective November 1, 2006. 7 yeas.
Item #7331 Moved by Councilor Loveitt, seconded by Councilor Dugas to postpone action on this item regarding 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. 6 yeas 1 nay, (Robinson).
Item #7332 The proposed order was moved by Councilor Dugas and seconded by Councilor Willett. Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED to amend the proposed order to add the words “the sale of” before tax acquired property and to add “beginning September 11th unless all costs have been paid in full” after $12,000. 7 yeas.
The amended order was then voted. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the Town Manager and Finance Director to accept sealed bids for the sale of tax acquired property located at 218 Burnham Road (Tax Map 1, Lot 4) with a minimum bid of $12,000 beginning September 11th unless all costs have been paid in full; and,
BE IT FURTHER ORDERED that the staff recommendation be brought back to the Town Council for final approval. 7 yeas.
Item #7333 Moved by Councilor Dugas, seconded by Councilor Hamblen, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled, pursuant to Article XII of the Town’s Waste Water Ordinance, designate the Board of Appeals as the Town’s Sewer Appeals Board. 7 yeas.
Item #7334 Moved by Councilor Loveitt, seconded by Councilor Robinson, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled adopt a Purchasing Policy, as presented, to replace the current policy that was adopted March 1, 1994. 6 yeas, 1 nay (Willett).
Item #7335 Moved by Councilor Justice, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a proposed ordinance to regulate Adult Businesses, to the Ordinance Committee for their review and recommendation. 3 yeas, 4 nays (Robinson, Dugas, Loveitt, & Justice), order fails.
Item #7336 The proposed order was Moved by Councilor Justice and seconded by Councilor Dugas.
WHEREAS, September 17, 2006 marks the two hundred eighteenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and,
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate this occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President designating September 17th through September 23rd as Constitution Week,
NOW THEREFORE BE IT RESOLVED that the Town Council of the Town of Gorham, Maine hereby proclaim the week of September 17th through 23rd as Constitution Week
and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guarding of our liberties, remembering that lost rights may never be regained. 7 yeas.
Item #7337 Moved by Councilor Justice, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled set a fee of $15,000 per bonus unit for the Development Transfer Overlay District, pursuant to the Land Use and Development Code. 6 yeas, 1 nay (Hamblen).
Item #7338 Moved by Councilor Justice, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled call a public hearing for October 3, 2006 to accept comment on a request to eliminate the traffic circle on Lombard Drive. 7 yeas.
Item #7339 The proposed order to consider placing siding on the Library in Little Falls was moved by Councilor Dugas and seconded by Councilor Loveitt. Aileen Bowler of Mosher Road spoke on this item and showed photos of the library to the council.
Moved by Councilor Hamblen, seconded by Councilor Dugas and voted to amend the proposed order to add “appropriate $4,000 from the Capital Reserve Account towards vinyl siding for the Little Falls Library”. 1 yea (Hamblen), 6 nays, motion fails.
Moved by Councilor Loveitt, seconded by Councilor Justice to postpone this item pending a report on the condition of the building. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Loveitt and VOTED to waive the rules and take up an item not on the agenda. 7 yeas
Moved by Councilor Justice, seconded by Councilor Loveitt and VOTED to authorize a blanket letter of approval for the Windham-Gorham Rod and Gun club for games of chance permits for 2006. 7 yeas
Item #7340 Moved by Councilor Willett, seconded by Councilor Justice, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled go into executive session pursuant to Title 1, M.R.S.A., Section 405 (6)(A) to discuss a personnel matter. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Robinson, and VOTED to come out of executive session. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Robinson, and VOTED to adjourn the meeting at 10:25 pm. 7 yeas.
A TRUE RECORD OF MEETING Attest: Christina Silberman, Town Clerk
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