CORRECTED REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
July 11, 2006 - 7:00 p.m.
Vice Chairman Justice opened the meeting at 7:02 pm with the Pledge of Allegiance.
Roll Call: Present: Vice Chairman Justice; Councilors Dugas, Loveitt, Robinson, & Hamblen; Town Manager, David Cole, and Deputy Town Clerk, Connie Loughran.
Absent: Chairman Phinney and Councilor Willett.
There were 18 members of the public present at the start of the meeting.
Moved by Councilor Dugas, seconded by Councilor Robinson, and VOTED to accept the minutes of the June 6, 2006 Regular Meeting. 5 yeas.
Open Public Communications
There were no Public Communications.
Councilor Communications
There were no Councilor Communications.
Chairman’s Report
There was no Chairman’s report
Town Manager’s Report
The Town Manager reported that at a recent Greater Portland Council of Governments meeting Gorham received recognition as part of the Maine Regional Financial Services Group for Cost Effective Collaboration. Mr. Cole reminded everyone that the Gorham Family Fair is being held in conjunction with St. Ann’s Summer Festival and will be held July 28, 29 and 30th.
School Committee Report
James Hager, Chairman of the School Committee reported on High School, Adult Ed and Middle School graduations; closing books on FY 2005-06; Little Falls School – Future Use; White Rock Project Committee and School Committee meeting schedule.
South Street sidewalk project report was given by Bob Burns, Public Works Director. Mr. Burns reported that the sidewalk would extend out South Street to opposite Weeks Road. The sidewalk would be 5 foot wide without an esplanade, catch basins are to be installed and there will be ADA access ramps and crosswalks. There is no anticipation of private property being impacted. The bidding is expected by summer’s end. There were no public comments.
Old Business
Item #7239 As previously Moved and seconded it was VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled, after public hearing, determine that rezoning property located at 615 Main Street from Roadside Commercial to the Industrial zone is consistent with the Town’s Comprehensive Plan; and,
BE IT FURTHER ORDERED that the Town Council rezone property located at 615 Main Street (Tax Map 32, lot 13) from Roadside Commercial to the Industrial District; and,
BE IT FURTHER ORDERED that the Town’s official zoning map be amended to change the zoning at 615 Main Street from Roadside Commercial to the Industrial District. 5 yeas
Prior to the above vote Councilor Loveitt noted that he anticipates Nappi and the Planning Board having a real challenge before them, he hopes that if the process becomes to difficult concerning traffic issues the parties would come to the Town Council to seek alternatives.
New Business
Public Hearing regarding renewal of a liquor license for Ocean Garden Restaurant. There were no public comments and the public hearing closed at 7:21 p.m.
Item #7295 Moved by Councilor Dugas, seconded by Councilor Robinson and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize renewal of a liquor license for Ocean Garden Restaurant.
Public Hearing regarding a new liquor license for Sierra’s Restaurant. There were no comments from the public and the public hearing closed at 7:22 p.m.
Item #7296 Moved by Councilor Dugas and seconded by Councilor Loveitt and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve a new liquor license for Sierra’s Restaurant. 5 yeas.
Public Hearing regarding a new Coin Operated Amusement Device Permit for Sierra’s Restaurant. There were no public comments and the public hearing closed at 7:23 p.m.
Item #7297 Moved by Councilor Dugas, seconded by Councilor Loveitt and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve issuance of a new Coin Operated Amusement Device Permit for Sierra’s Restaurant. 5 yeas.
Public Hearing regarding a new Victualer’s License for Sierra’s Restaurant. There were no comments from the public and the public hearing closed at 7:24 p.m.
Item #7298 Moved by Councilor Dugas, seconded by Councilor Robinson and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve a new Victualer’s License for Sierra’s Restaurant. 5 yeas.
Public Hearing regarding a new Victualer’s Licenses for Gorham Sports Center. There were no public comments and the public hearing closed at 7:25 p.m.
Item #7299 Moved by Councilor Loveitt and seconded by Councilor Robinson and VOTED to AMEND the prepared order by adding “and that a tax payment plan be submitted to and approved by the Finance Director and the Town Manager”. 5 yeas
The Order as amended was Moved by Councilor Dugas, seconded by Councilor Loveitt and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve issuance of a new Victualer’s Licenses for Gorham Sports Center and that a tax payment plan be submitted to and approved by the Finance Director and Town Manager. 5 yeas.
Public Hearing regarding renewal of a Victualer’s License for Todd’s General Store & Diner. There were no public comments and the public hearing closed at 7:40 p.m.
Item #7300 Moved by Councilor Loveitt, seconded by Councilor Dugas to POSTPONE the renewal of a Victualer’s License for Todd’s General Store & Diner to the August 1st meeting. 5 yeas.
Public hearing #7 and Item #7301 were removed from the agenda as these licenses will be issued by the Town Clerk.
Public Hearing for approval of a Mass Gathering License for Gorham Football Boosters. There were no comments from the public and the public hearing closed at 7:42 p.m.
Item #7302 Moved by Council Robinson, seconded by Councilor Dugas and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the issuance of a Mass Gathering License for Gorham Football Boosters. 5 yeas.
Item #7303 Moved by Councilor Dugas, seconded by Councilor Robinson and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled adopt the Wireless Access Policy for Baxter Memorial Library as recommended by the Board of Trustees of Baxter Memorial Library. 5 yeas.
Item #7304 A motion made by Councilor Robinson, seconded by Councilor Loveitt that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the Town Council Chairman to send a letter to the School Board asking the Board to formally turn over the former Little Falls School to the Town so that the Town Council can initiate the process of determining the building’s future use. FAILED OF PASSAGE 3 yeas. 2 nays (Dugas and Hamblen)
Prior to the above vote a motion to amend the order to inquire of the School Committee their intended future use of the Little Falls Building also FAILED OF PASSAGE 3 yeas. 2 nays (Hamblen and Dugas)
Item #7305 The order FAILED for lack of a second, that the Town Council of the Town of Gorham, Maine, in Town Council assembled ask their Capital Improvements committee to review the need to acquire land for cemetery purposes and to consider the priority of this need compared to other Town needs and report the committee’s recommendation to the Town Council.
Item #7306 Moved by Councilor Loveitt, seconded by Councilor Dugas and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept an easement deed for a Fire Pond at Cherry Hill Farm Estates Subdivision located off Finn Parker Road. 5 yeas.
Item #7307 Councilor Robinson moved the question of the amendment. A motion to suspend debate was Voted. 5 yeas. Moved by Councilor Loveitt, seconded by Councilor Robinson to AMEND the prepared order by adding “Be It Furthered Ordered that the Town Council approves the following Stipends to be effective August 1, 2006:
1. For being a member of the Haz Mat Team: 50 cents/hr.
2. For being a member of the Confined Space Team: 50 cents/hr.
3. For serving as a Lieutenant: 25 cents/hr.
4. For serving as a Captain: 50 cents/hr
5. For serving as Deputy Chief: 75 cents/hr
Be it further Ordered that the Town Council approves a $1.00 dollar increase in the Call Company pay levels 1, 2, 3, 4, 5 and 6 effective July 1, 2007. 5 yeas. The order as amended was VOTED resulting in the following:
Ordered that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize an increase of one dollar ($1.00) per hour, to be effective August 1, 2006, for each level of training for the Call Fire and EMS Departments as recommended by the Finance Committee. and
BE IT FURTHERED ORDERED that the Town Council approves the following Stipends to be effective August 1, 2006:
6. For being a member of the Haz Mat Team: 50 cents/hr.
7. For being a member of the Confined Space Team: 50 cents/hr.
8. For serving as a Lieutenant: 25 cents/hr.
9. For serving as a Captain: 50 cents/hr
10. For serving as Deputy Chief: 75 cents/hr
BE IT FURTHER ORDERED that the Town Council approves a $1.00 dollar increase in the Call Company pay levels 1, 2, 3, 4, 5 and 6 effective July 1, 2007.
4 yeas. 1 nay (Hamblen)
Item #7308 Moved by Councilor Dugas, seconded by Councilor Loveitt and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept the gift of $12,500.00 for library purposes from the Myrtle Smith Trust on behalf of Clarence and Myrtle Smith; and,
BE IT FURTHER ORDERED that the Town Council, on behalf of the Town of Gorham, express their appreciation for this generous gift. 5 yeas.
Item #7309 Moved by Councilor Dugas, seconded by Councilor Loveitt and VOTED by the Town Council of the Town of Gorham, Maine, in Town Council assembled to authorize the following appointments to Town boards and committees:
David Homa to the Recycling Committee with a term to expire 4/1/09
Cynthia L. Simpson to the Recycling Committee with a term to expire 4/1/09
Deborah A. Smith to the Board of Assessment Review as a regular member
with a term to expire 4/1/09
Rebecca Lord as an alternate member of the Board of Assessment Review with a term to expire 4/1/09.
5 yeas.
Item #7310 Moved by Councilor Dugas, seconded by Councilor Loveitt and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept the perpetual care funds as presented. 4 yeas 1 abstention (Robinson)
Item #7311 Moved by Councilor Dugas, seconded by Councilor Loveitt and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept the bid from C B Kenworth for $95,422 for a dump truck, and
BE IT FURTHER ORDERED that the Town is authorized to obtain a 5-year lease purchase for this vehicle. 5 yeas.
Item #7312 Moved by Councilor Loveitt, seconded by Councilor Dugas and VOTED to AMEND the prepared order by changing the amount to “$38,050” 4 yeas. 1 nay (Robinson) Moved by Councilor Loveitt, seconded by Councilor Dugas to AMEND the order by removing $8,050 and adding ” the replacement of the clock be at a time and place of the Council’s choosing.” 5 yeas. The order as amended was voted resulting in the following: VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve a contract with the Balzer Clock Company in the amount of $38,050 to repair the Town Clock, and the replacement of the restored time piece and related components to be at a time and place of the Council’s choosing. 4 yeas. 1 nay (Robinson) Prior To
the above vote a motion to refer the question to the CIP Committee, disband the Clock Committee thanking them for all their efforts and to hold a public hearing on September 5, 2006. FAILED OF PASSAGE. 2 yeas. 3 nays (Hamblen, Loveitt, Dugas)
Item #7313 Moved by Councilor Robinson, seconded by Councilor Dugas and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the Town to solicit bids for a new mid-size (Chevrolet 4500 or equivalent) rescue vehicle; and
BE IT FURTHER ORDERED that the Town Council authorize the purchase of a mid-size rescue as long as the purchase price is within the amount of funds available in the budget; and
BE IT FURTHER ORDERED that the Town Council ask staff to prepare amendments to the Purchasing Policy that would authorize staff to purchase equipment that is specifically included in the budget as long as the purchase price is within the amount of funds budgeted. 5 yeas.
Item #7314 Moved by Councilor Dugas, seconded by Councilor Robinson and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the Town Manager, on behalf of the Town of Gorham, to execute an Operation and Maintenance agreement with the Portland Water District for a wastewater pump station located on Joseph Drive. 5 yeas.
Item #7315 Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled vote for the slate of Officers and Directors for the Maine Municipal Association for 2007 as by the Nominating Committee. 5 yeas.
Item #7316 Moved by Councilor Dugas, seconded by Councilor Loveitt and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled schedule an agenda item at their August 1, 2006 meeting to discuss and consider acting on a Tax Increment Financing policy. 4 yeas. 1 nay (Robinson)
Prior to the above vote a motion to table this item failed of passage 3 yeas. 2 nays (Robinson, Hamblen)
Item #7317 Moved by Councilor Loveitt, seconded by Councilor Dugas and VOTED that the Town Council of the Town of Gorham, Maine, in Town Council assembled go into executive session pursuant to Title 36, MRSA, Section 841 for the purpose of hearing an application for abatement of taxes based on poverty. 5 yeas.
Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED to come out of executive session. 5 yeas.
Moved by Councilor Loveitt, seconded by Councilor Robinson to DENY an application (A06-01) for an abatement of taxes based on poverty, pursuant to Title 36, MRSA, Section 841(2) because the applicant has assets that could reasonably be sold to contribute to the public charge, the applicant’s monthly income exceeds allowable monthly expenses and the applicant had the ability to contribute to the public charge prior to the March 6 disability. 5 yeas.
Moved by Councilor Hamblen, seconded by Councilor Robinson, and VOTED to adjourn the meeting at 9:30 p. m.
A TRUE RECORD OF MEETING Attest: _______________________________
Cornelia Loughran, Deputy Town Clerk
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