REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
May 2, 2006 - 7:00 p.m.
Chairman Phinney opened the meeting at 7:01 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 April 4, 2006 Regular Meeting and the April 26, 2006 Special Meeting. 7 yeas.
Open Public Communications
Harold McFarland of 75 Libby Avenue commented on a discrepancy with his property tax evaluation. He also expressed concern with a water issue along the railroad line.
Councilor Communications
Councilor Willett reported that the Finance Committee met on April 26th. The committee wrote off $158.00 in personal property tax for two companies and the write off for a third company is on tonight’s agenda. They also wrote off uncollected rescue bills for the years 2000-2004. Uncollected rescue bills for 2005 will be reviewed at their next meeting. The debt management policy is on tonight’s agenda.
Councilor Robinson reported that the Capital Improvements Committee met April 28th and there was a site walk on Morrill Avenue to look at the sidewalk issue. The committee will meet again to have further discussions on the proposed sidewalk.
Councilor Hamblen reminded veterans that they are needed to march in the Memorial Day parade.
Chairman’s Report
Chairman Phinney reported that next Tuesday night at 7:00 p.m. is the public hearing on the full budget.
Town Manager’s Report
The Town Manager reminded the Town Council that there is a walk through scheduled for tomorrow morning at 8:00 am to see the progress at the new Municipal Center.
School Committee Report
School Committee Chairman Jim Hager gave a report. Mr. Hager thanked the Town Council for attending the workshop. He discussed the school budget. Mr. Hager reported that the White Rock Project Committee met and interviewed architects. The School Committee will meet again tomorrow night to make a selection.
Councilor Robinson commented that the school’s web page is missing Councilor Loveitt’s name and Councilor Justice’s name is listed twice. Councilor Robinson received a letter from a resident concerned about cell phones that can take pictures and have video capabilities being allowed in locker rooms and he would like the School Department to institute a policy concerning this if there is not one in place already.
Councilor Willett asked about receiving information that she requested previously.
New Business
Public Hearing #1 Moved by acclimation to include Hans C. Hansen – Hansen’s Farm Market, Beanstalk Inc. - The Gorham Grind, and North East Ice Cream by consent to the motion. Chairman Phinney opened the public hearing. There were no public comments. Chairman Phinney closed the public hearing.
Item #7260 The proposed order with the removal of TBL, INC. - Todd’s Diner was moved by Councilor Justice and seconded by Councilor Willett. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize renewal of the following Victauler’s Licenses for 2006:
Amato’s Sandwich Shops, Inc. - Amato’s Gorham
Beanstalk Inc. - The Gorham Grind
Bennett Enterprises Inc. – Bennett All Weather Paintball
C. N. Brown Company - Big Apple Food Store
Cumberland Farms, Inc. – Cumberland Farms #5607
Yang H. Chen – Jan Mee II
Susan Duchaine & Carol Butts – Bella Donna, Inc.
Hans C. Hansen – Hansen’s Farm Market
Wilfred Gillis – Sweets ‘n Eats
Christena Verrill – Gorham Football Boosters
Gorham High School Athletic Department – Gorham High School
Gorham Recreation Dept. – Narragansett Concession Stand
Gorham Recreation Dept. – Little Falls Concession Stand
Gorham Recreation Dept. – Robie Concession Stand
Gorham Recreation Dept. – Village Concession Stand
Gorham Recreation Dept. – Shaw Park Concession Stand
Gorham Recreation Dept. – Gorham Summer Family Fair
Town of Gorham – Gorham Senior Citizens Mealsite Drop In
Gorham Sno Goers – Hot Dog Wagon
Hannaford Brothers Co. – Hannaford Food & Drug #350
Richard Jiang – Ocean Garden Restaurant
James F. Malia – Beals Old Fashioned Ice Cream
Lampron Energy – Lampron Lil’ Mart Little Falls
Lampron Energy – Lampron Lil’ Mart Route 25
Mark Fogg – The Grill Room at Gorham Country Club
Mastoran Restaurants Inc. – Burger King #4604
Felgar & Brenda Nicely – Nicely’s Market, Inc.
North East Ice Cream
Nick & Liz Pelletier – Bruni’s Variety
Pine Crest Bed & Breakfast Inn, LLC – Pine Crest Bed & Breakfast
Sebago Brewing Company – Sebago Brewing Company
Angelo Sotiropoulos – Gorham House of Pizza
Sub Builders, Inc. – Subway
T.D.B.O., Inc. – Domino’s Pizza
TNT Quickstop, LLC – TNT Quickstop
William A. Hillock, Inc. – Wassamki Springs Campground
Ed Wolak – Dunkin Donuts
Gerard Zarilli – Sierras Restaurant 7 yeas.
Public Hearing #2 Chairman Phinney opened the public hearing. There were no public comments. Chairman Phinney closed the public hearing.
Item #7261 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 the application for renewal of a liquor license from Mark Fogg for the Grill Room at Gorham Country Club. 7 yeas.
Public Hearing #3 Chairman Phinney opened the public hearing. Andy Pease of 16 Adeline Drive spoke in support of this item. Chairman Phinney closed the public hearing.
Item #7262 Moved by Councilor Hamblen, seconded by Councilor Loveitt and VOTED to waive the reading of the proposed order by the clerk. 7 yeas.
The proposed order regarding the designation of a Moody’s Collision Centers Tax Increment Financing District was moved by Councilor Justice and seconded by Councilor Dugas. Shawn Moody spoke on this item. Tom Ellsworth, president of Gorham Economic Development Corporation spoke in support of this item. Moved by Councilor Loveitt, seconded by Councilor Justice and VOTED that this item be referred to the Finance Committee for their review with the applicant and be returned at the appropriate time to the Town Council. 7 yeas
Public Hearing #4 Chairman Phinney opened the public hearing. Joe Bruno representing Community Pharmacy spoke in support of this item. Scott Mulkern also spoke in support of this item. Chairman Phinney closed the public hearing.
Item #7263 Moved by Councilor Loveitt seconded by Councilor Justice and VOTED;
WHEREAS, the town of Gorham wishes to accommodate small scale commerce, that are accessory sales and ancillary uses in certain areas; and,
WHEREAS, said uses are determined to be consistent with the Town’s Comprehensive plan,
NOW THEREFORE BE IT ORDAINED to amend Chapter 1, Section V, Definitions, of the Land Use and Development Code, amending the definition of Business and Professional Offices to allow accessory sale of products directly related to the conduct of a given profession as a minor and ancillary use as follows:
(NOTE: Additions are underlined and deletions are struck out.)
Business and Offices for the conduct of business and involve no sales of tangible
Professional products available on the premises, except as a minor and ancillary Offices use as would be directly related to the conduct of a given profession, or
storage of materials or equipment which are used off the premises. The following uses are not considered business and professional offices:
1) Distribution facilities
2) Sales offices involving on_premises display and sales of materials, except as a minor and ancillary use as described above
3) Offices of building contractors involving the storage of materials or equipment. 7 yeas.
Item #7264 The proposed order to consider approving a Debt Service Policy was moved by Councilor Willett and seconded by Councilor Robinson.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to postpone this item until after a workshop discussion can be held. 7 yeas.
Moved by Councilor Loveitt, seconded by Councilor Willett and VOTED to waive the rules and take item #7273 out of order and discuss it now. 7 yeas.
Item #7273 County Manager Peter Crichton spoke on this item. 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 agreement to participate in the Cumberland County Development Block Grant and Home Program. 7yeas.
Moved by Councilor Willett, seconded by Councilor Dugas and VOTED to waive the rules and take item # 7272 out of order and discuss it now. 7 yeas.
Item #7272 Moved by Councilor Justice, seconded by Councilor Robinson and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize a letter supporting Cumberland County’s efforts to become an entitlement agency for Community Development Block Grant funds, as presented. 7yeas.
Item #7265 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 a proposal dated March 29, 2006 from PDT Architects to design the renovation of the current Municipal Center into a Public Safety Building as a phased project as presented. 7 yeas.
Item #7266 Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled, pursuant to a request from the School Board and in accordance with notification from the State dated August 16, 2005 that Gorham’s project was rated tenth on their latest special priority list, appropriate $100,000 from the Land Acquisition Reserve Fund for the purpose of providing project development funds for the White Rock School Project; and,
BE IT FURTHER ORDERED that this appropriation shall be considered a loan to be paid back as part of the project costs if this project obtains full funding and proceeds to construction; and,
BE IT FURTHER ORDERED that in the event the voters of the Town fail to approve this project, or the State fails to fund the project and the project is cancelled, said appropriation will be considered as advanced local funds with no requirement to pay back the funds. 7 yeas.
Item #7267 The proposed order was moved by Councilor Dugas and seconded by Councilor Willett.
Moved by Councilor Justice, seconded by Councilor Willett and VOTED to amend the order and add the words ”into a town clock reserve account” after the words “from the Capital Reserve Account”. 7 yeas
The order as amended was the VOTED. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled appropriate $75,000 from the Capital Reserve Account into a town clock reserve account to be used towards the repair of the Town Clock. 7 yeas.
Item #7268 Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled support efforts to restructure the Southern Maine Economic Development District into two separate development districts that would serve GPCOG as one district and the other district through the Southern Maine Regional Planning Commission. 7 yeas.
Item #7269 Moved by Councilor Justice, seconded by Dugas and VOTED to waive the reading of the proposed order by the clerk. 7 yeas.
Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled, pursuant to Title 21-A, Sec. 503 M.R.S.A., appoint the following as Election Workers / Ballot Clerks with terms to expire May 1, 2008:
Republicans
Janet Bell Dorothy Burnham
D. Brenda Caldwell Gladys Carter
Sara Childs George Deering
Linda Deering Janice Edwards
Margaret Faulkner Linda Frinsko
Emma Gilman Mary Golden
Martha Harris Nancy Hawkes
Madelyn Hunt Althea Irish
Elizabeth Labrecque Janice Labrecque
John Labrecque Guy Labrecque
Theresa Lamontagne John Marzagalli
Dewayne Marzagalli Janice Peniuk
Gwendolyn Pierce Rose Phinney
Julie Sellick Kristen Smith
Laurel Smith Virginia T. Williams
Joanne Webb Ethel Wright
Lawrence Wright Rita Young
Democrats
Nancy Banner Patricia Clay
Geraldine Day Peggy Douglass
Anne Emerson Sandra Franklyn
Audrey Gerry Carol Gordon
Jeanette Gould Coleen Hoyt
Alida Landry Harold Parks
Sarah Rioux Ethel Robillard
Robert Skinner Barbara Skinner
Anita Smith Susan Smyth
Judith Stevens Mary Ellen Sturtevant
Meadow Welch
7 yeas.
Item #7270 Moved by Councilor Justice, seconded by Councilor Robinson and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a proposal to amend Chapter II, Section V(G)(4)(H), Pavement, of the Land Use and Development Code to the Planning Board for public hearing and their recommendation. 7 yeas.
Item #7271 Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the Treasurer and Finance Director to write off $14,685.66 of 2004/2005 and 2005/2006 fiscal years property taxes, interest, and costs from the Tax Increment Financing fund for Portland Machine Tool because the business is no longer in operation and the taxes are uncollectable. 7 yeas.
Item #7272 This item was taken out of order and heard prior to item #7265
Item #7273 This item was taken out of order and heard after item #7264.
Moved by Councilor Justice, seconded by Councilor Dugas and VOTED to adjourn the meeting at 8:55 p.m. 7 yeas.
A TRUE RECORD OF MEETING Attest: ____________________________
Christina Silberman, Town Clerk
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