REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
June 6, 2006 - 7:00 p.m.
Chairman Phinney opened the meeting at 7:02 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 Dugas, seconded by Councilor Willett, and VOTED to accept the minutes of the May 2, 2006 Regular Meeting and the May 9, 2006 Special Meeting. 7 yeas.
Open Public Communications
There were no Public Communications.
Councilor Communications
Councilor Willett reported that the Finance Committee met May 31st. The main item of discussion was the Moody TIF application. Their next meeting will be June 21st.
Councilor Robinson reported that the Gorham Recreation Advisory Committee met. The Shaw Park grand opening was postponed due to the weather and will be on June 10th. He would like some information on the Gorham Times agreement with the town.
Councilor Hamblen reported that 4 veterans marched in the Memorial Day parade. At the budget hearing discussion there was concern with fuel and oil prices and he would like to have department managers review ways to cut their fuel costs.
Chairman’s Report
Councilor Phinney reported that the Shaw Park introduction will be this weekend. The Memorial Day parade was well attended and he thanked Councilor Hamblen for his efforts in promoting the parade.
Town Manager’s Report
The Town Manager reported that he awarded a 5 year service pin to David Wormwood, who has recently retired, and wished him a happy retirement. Mr. Cole reminded citizens that the State Primary Election is next Tuesday.
School Committee Report
There was no School Committee report.
Maynard Charron reported on the Gorham Ecumenical Food Pantry and discussed their space needs. Sue Dunn, a member of the Board of Directors, reviewed some material that was distributed. Fran Ducette also spoke about the food pantry. Councilor Phinney thanked the board for the information.
Old Business
Item #7262 Moved by Councilor Hamblen, seconded by Councilor Justice, and VOTED to waive the reading of the proposed order. 7 yeas.
The prepared order was moved by Councilor Justice and seconded by Councilor Willett. Shawn Moody commented on this item. The prepared order was then VOTED.
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, Moody’s Collision Centers currently intends to construct new vehicle storage facilities, install phase 3 power and a T-1 line 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 Moody’s Collision Centers 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 Moody’s Collision Centers 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 Moody’s Collision Centers developing Tax Map 39, lots 22, 23, and 24 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. 4 Yeas, 3 nays (Hamblen, Robinson, & Phinney)
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 #7275 Moved by Councilor Justice , seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize renewal of Victauler’s Licenses for 2006 for Ghulam Rabbani – 7-Eleven 32534A and Gorham Youth Soccer Association. 7 yeas.
Public Hearing #2 Chairman Phinney opened the public hearing. There were no comments from the public. Chairman Phinney closed the public hearing.
Item #7276 Moved by Councilor Justice, seconded by Councilor Robinson, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the renewal of a combined Massage Therapist/Establishment License for Suzanne Linda White. 7 yeas.
Public Hearing #3 Chairman Phinney opened the public hearing. There were no comments from the public. Chairman Phinney closed the public hearing.
Item #7277 Moved by Councilor Robinson, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve renewal of a Coin Operated Amusement Device Permit for Sierra’s Restaurant. 7 yeas.
Public Hearing #4 Chairman Phinney opened the public hearing. There were no comments from the public. Chairman Phinney closed the public hearing.
Item #7278 Moved by Councilor Justice, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the issuance of a Mass Gathering License for Portland Faith Center – Kids Karnival. 7 yeas.
Public Hearing #5 Chairman Phinney opened the public hearing. There were no comments from the public. Chairman Phinney closed the public hearing.
Item #7279 Moved by Councilor Justice, seconded by Councilor Robinson, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the issuance of a Mass Gathering License for St. Anne’s Church and Gorham Recreation Department – St. Anne’s Gorham Days Summer Festival. 7 yeas.
Item #7280 The prepared order was moved by Councilor Justice and seconded by Councilor Robinson. Mark Eyerman of Planning Decisions, Inc. gave a presentation regarding this item. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled forward a proposal from the Ordinance Committee to amend the Land Use and Development Code by creating a new Section XVIII, Development Transfer Overlay District, to the Planning Board for Public Hearing and their recommendation. 7 yeas.
Item #7281 Moved by Councilor Dugas, seconded by Councilor Hamblen, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled reconsider Order #7273 & Order #7274, the approved 2006/07 fiscal year budget. 2 yeas, 5 nays (Justice, Willett, Phinney, Loveitt, & Robinson). Motion fails.
Item #7282 The prepared order was moved by Councilor Hamblen and seconded by Councilor Dugas. Marcia Buisman of 23 Burnham commented on this item .
Moved by Councilor Willett, seconded by Councilor Justice, and VOTED to divide the question. 2 yeas, 5 nays (Dugas, Phinney, Loveitt, Robinson, & Hamblen). Motion fails.
The prepared order was then voted. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a request to consider the acquisition of right of way for a connector road between Burnham Road and the Route 22/114 overlap and consider the acquisition of land for cemetery purposes, to the Town Council’s Capital Improvement/Economic Development Committee for their recommendation. 2 yeas, 5 nays (Justice, Willett, Phinney, Loveitt, & Robinson). Motion fails.
Item #7283 The proposed order was moved by Councilor Willett and seconded by Councilor Robinson.
Chairman Phinney allowed Mary Ellen Valentine of Morrill Avenue to comment on this item earlier in the meeting because she could not stay. She would like the sidewalk constructed without losing the trees.
Mike Chabot of 17 Morrill Ave. spoke in support of this item. He distributed a list of neighbors that approve of a sidewalk. Peggy Clemens of 10 Morrill Ave. and Jeff Bolduc of 7 Sylvan Road spoke in support of this item also. Gail Lawrence of 14 Morrill Ave. expressed her concerns regarding this item.
Moved by Councilor Loveitt, seconded by Councilor Justice, and VOTED to amend the proposed order by inserting “on the North side of” before “Morrill Ave.”. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Willett, and VOTED to amend the proposed order to change the amount of the appropriation to $13,000 and add “and Ballpark Road” after “Morrill Ave.”. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Robinson and VOTED to amend the order to add “BE IT FURTHER ORDERED that the town is authorized to solicit bids for the project”. 7 yeas.
Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED to amend the order and insert “on the west side of Ballpark Road”. 7 yeas.
The amended order was then voted resulting in the following.
ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept a proposal from Sebago Technics to prepare a final design for a sidewalk on the north side of Morrill Avenue and on the west side of Ballpark Road; and,
BE IT FURTHER ORDERED that the Town Council appropriate $13,000 from the South Street Sidewalk Reserve Fund for this work; and,
BE IT FURTHER ORDERED that the town be authorized to solicit bids for the project. 7 yeas.
Councilor Hamblen left after item #7283 at 10:00 pm.
Item #7284 Moved by Councilor Robinson, seconded by Councilor Justice, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled ask their Capital Improvements Committee to review the options for replacing the Towns rescue vehicle and to make a recommendation to the Town Council about whether to purchase a Chevy 4000 (or equivalent size), or a Ford E-450 (or equivalent size). 6 yeas.
Moved by Councilor Loveitt, seconded by Councilor Willett, and VOTED to take item #7294 out of order and discuss it now. 6 yeas
Item #7294 The prepared order was moved by Councilor Loveitt and seconded by Councilor Dugas.
Brenda Caldwell, representing the Town Clock Committee, reported on this item and distributed the May 31st agenda of the Town Clock Committee.
The prepared order was then voted. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled appropriate $35,000 from the Town Clock Reserve fund for the repair of the Town Clock. 5 yeas, 1 nay (Robinson).
Item #7285 Moved by Councilor Robinson, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled ask their Finance Committee to review the existing compensation levels for the Call Fire and Rescue Departments and consider whether adjustments should be made. 6 yeas.
Item #7286 Moved by Councilor Justice, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled vote for Anthony Plante to be the District 3 representative to the Executive Committee of Ecomaine. 6 yeas.
Item #7287 Moved by Councilor Willett, seconded by Councilor Justice, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve an Interlocal agreement for a Haz-Mat team. 6 yeas.
Item #7288 Moved by Councilor Justice, seconded by Councilor Robinson, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled approve the Road and Sidewalk Winter Maintenance Policy as presented. 6 yeas.
Item #7289 Moved by Councilor Loveitt, 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 June 13, 2006 State Primary 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, June 7, 2006, 8:30 a.m. and 6:30 p.m. on Thursday, June 8, 2006, 7:30 a.m. and 4:30 p.m. on Friday, June 9, 2006, and 8:30 a.m. and 4:30 p.m. on Monday, June 12, 2006 for the purpose of registering citizens to vote and correcting the voter list. 6 yeas.
Item #7290 Moved by Councilor Loveitt, seconded by Councilor Dugas and VOTED to waive the reading of the proposed order. 6 yeas.
The prepared order was moved by Councilor Justice, seconded by Councilor Robinson, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled appoint the following Wardens, Ward Clerks, and Election Clerks for the June 13, 2006 State Primary Election; and,
BE IT FURTHER ORDERED that the Town Clerk is authorized to make changes to these appointments as needed.
WARD 1: Brenda Caldwell, Warden
Rose Phinney, Ward Clerk
Robert Skinner, Democrat Election Clerk
Maryellen Sturtevant, Democrat Election Clerk
Emma Gilman, Republican Election Clerk
Janet Bell, Republican Election Clerk
WARD 2: Pat Clay, Warden
Nancy Kenty, Ward Clerk
Anne Golden, Democrat Election Clerk
Carol Gordon, Democrat Election Clerk
Mary Golden, Republican Election Clerk
Janice Weed, Republican Election Clerk
WARD 3: Linda Deering, Warden
Laurel Smith, Ward Clerk
Gerry Day, Democrat Election Clerk
Peggy Douglass, Democrat Election Clerk
Virginia Williams, Republican Election Clerk
Kristen Smith, Republican Election Clerk
Christopher Guare, Republican Election Clerk
WARD 4: Connie Loughran, Warden
Jennifer Elliott, Ward Clerk
Alida Landry, Democrat Election Clerk
Mary-Lou Fraser, Democrat Election Clerk
Susan Parsons, Democrat Election Clerk
Devin Flaherty, Republican Election Clerk
Noelle Neuwirth, Unenrolled Election Clerk 6 yeas.
Item #7291 Action to consider appropriating funds to add siding for the Little Falls Library. Moved by Councilor Loveitt, seconded by councilor Robinson, and VOTED to postpone this item. 6 yeas.
Item #7292 Moved by Councilor Loveitt, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept Dewayn’s Way, located in Cherry Hill Farm Estates, off Finn Parker Road, as a public way; and,
BE IT FURTHER ORDERED, that the Town Council classify Dewayn’s Way as a Rural Access Road. 6 yeas.
Item #7293 Moved by Councilor Justice, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept Sally Drive, located in Cherry Hill Farm Estates, off Finn Parker Road, as a public way; and,
BE IT FURTHER ORDERED, that the Town Council classify Sally Drive as a Rural Access Road. 6 yeas.
Item #7294 was heard out of order after #7284.
The Town Manager reminded the Councilors that the first Tuesday of July is a holiday and it was agreed that the next regular meeting of the Town Council will be July 11th.
The Town Manager also reminded the Town Council that a council member is needed to serve on the White Rock School Committee.
Moved by Councilor Justice, seconded by Councilor Dugas, and VOTED to adjourn the meeting at 10:42 pm.
A TRUE RECORD OF MEETING Attest: Christina Silberman, Town Clerk
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