REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
January 3, 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 December 6, 2005 Regular Meeting. 7 yeas.
Open Public Communications
There were no public comments.
Councilor Communications
Councilor Robinson reported that the Capital Improvements Committee met December 19, 2005 and there is an item on tonight’s agenda that was discussed.
Councilor Willett reported that the Finance Committee met the first week in December and the auditors presented a report. The Town financial situation is in good health. A fee issue was discussed and is on the agenda tonight.
Councilor Justice reported that the Ordinance Committee met December 21, 2005 and there is one item on tonight’s agenda that was discussed. They discussed the issue of sidewalk maintenance and the committee will bring forward a recommendation sometime in the early summer on sidewalk maintenance.
Councilor Willett also commented that the Finance Committee looked at some of the rescue fees and would like to review all of the rescue fees.
Chairman’s Report
Councilor Phinney reported that he visited Biddeford with Councilor Willett, Go Cat Director Georgia Humphries, and Recreation Director Cindy Hazelton to see their cable TV set up to get some ideas for the new Municipal Center.
Town Manager’s Report
The Town Council will hold a workshop on January 17, 2006 and also tentatively on February 13, 2006.
The Town Manager reported that there is a big problem with the sewer system. The pump stations throughout the town are becoming clogged up as a result of baby wipes being flushed down into the sewer system. This problem has caused an additional $25,000 in maintenance costs this year, which causes the sewer rates to increase. Mr. Cole asked residents to please be mindful of what they are flushing down into the sewer system.
School Committee Report
School Committee Chairman Jim Hager spoke about the White Rock Project Committee. The School Department is looking for a Town Council member to serve on this committee. This committee will be needed for 6-8 months and plans to meet on the third Wednesday of each month.
The next School Committee meeting will be January 18, 2006. The School Committee plans to present a brief overview at the February 13, 2006 Town Council Workshop on the Essential Programs and Services requirements and some 2007 budget issues.
Mr. Hager reported on his findings for a scheduling system for all town facilities.
Mr. Cole thanked Mr. Hager for the information and asked for clarification on who handles town and school activities. Mr. Hager replied that Kathy Richardson currently schedules all school facilities.
Councilor Robinson thanked Mr. Hager for the report and indicated that the Capital Improvements committee is looking for a policy for facility scheduling. Mr. Robinson would like to use this forum to address specific questions for the School Committee from councilors and citizens. Mr. Robinson asked for clarification on the School Committee’s outlook on their budget. Mr. Hager responded that he does not see any significant increases in this budget. The School Committee’s primary responsibility is to educate the children but he feels that the School Committee does have a responsibility to the taxpayers of Gorham as well.
New Business
Public Hearing #1 Chairman Phinney opened the Public Hearing. Peter Hedrick was present to explain the traffic report and answer questions. Five residents gave their input regarding this issue. Chairman Phinney closed public hearing.
Item #7210 Moved by Councilor Loveitt, seconded by Councilor Justice, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled not build sidewalks on Morrill Avenue. 1 yay (Loveitt), 6 nays.
Moved by Councilor Willett, seconded by Councilor Dugas and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer the question of whether or not to build a sidewalk on Morrill Avenue to the Capital Improvements Committee for their review and recommendation. 6 yeas, 1 nay (Loveitt).
Chairman Phinney asked that the town notify the residents of the date of the Capital Improvements Committee meeting.
Public Hearing #2 Chairman Phinney opened the Public Hearing. Mr. Bernard Rines spoke on this item. Chairman Phinney closed the Public Hearing.
Item #7211 A revised order, as presented by the Town Manager, was moved by Councilor Loveitt and seconded by Councilor Dugas.
Whereas, Cobb Road is not an original Range Road of the Town of Gorham, and;
Whereas, in the mid 1980’s the Town piled multiple loads of dirt on this old road with the effect of shutting off the road, and;
Whereas, the Town Council provided notice to all abutting property owners and held a public hearing on the status of Cobb Road,
NOW THEREFORE BE IT ORDERED that the Town Council of the Town of Gorham, Maine in Town Council assembled pursuant to Title 23, M.R.S.A., Section 3028, after notice and hearing, determine that the portion of Cobb Road beginning at its’ intersection with Main Street (Route 25) and thence continuing Southerly to the old Sanford and Eastern Railroad line has for a period of at least 30 years, received only de minimis maintenance, if any, and is not considered a public way and is hereby discontinued by abandonment; and,
BE IT FURTHER ORDERED that the portion of Cobb Road from the old Sanford and Eastern Railroad line thence southerly to New Portland Road has for a period of at least 30 years, received no maintenance and is hereby discontinued by abandonment; and,
BE IT FURTHER ORDERED that the Town Council determine that a public easement exists over the entire length of Cobb Road; and,
BE IT FURTHER ORDERED that the above determination of discontinuance by abandonment of Cobb Road is not intended to release, relinquish, or give up any rights or interest the Town acquired in a Quit Claim deed from Central Maine Power Company to the Town of Gorham dated November 22, 1976 and located in the Registry of Deeds in Book 3967, Page 302; and,
BE IT FURTHER ORDERED that the Town Clerk shall file a notice of this determination of discontinuance by abandonment in the Registry of Deeds. 7 yeas.
Public Hearing #3 Chairman Phinney opened the Public Hearing. There were no public comments. Chairman Phinney closed the Public Hearing.
Item #7212 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 the issuance of new Victualer’s Licenses for the following:
Tycor Inc d/b/a Mr. Bagel
Beanstalk, Inc. d/b/a The Gorham Grind 7 yeas.
Public Hearing #4 Chairman Phinney opened the Public Hearing. There were no public comments. Chairman Phinney closed the Public Hearing.
Item #7213 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 renewal of a combined Massage Therapist / Massage Establishment license for Linda Morris. 7 yeas.
Item #7214 Moved by Councilor Loveitt, seconded by Councilor Robinson. Gary Vogel, Audrey Gerry’s attorney was present to explain this item as well as Dave St. Claire and Bruce Marquis from Sebago Technics. Mr. Rines also commented on this item.
ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the Town Manager, on behalf of the Town, to sign a Quit Claim deed that would release the Town’s interest, if any, to a narrow strip of land that appears to exist between the right-of-way for Route 114, as recognized by the Maine Department of Transportation, and the boundary line of property owned by Audrey Gerry (tax map 5, lot 21), provided that the deed is prepared by Audrey Gerry’s attorney and approved by the Town’s attorney. 6 yeas, 1 nay (Dugas).
Chairman Phinney called for a 5 minute recess.
Item #7215 Moved by Councilor Willett, seconded by Councilor Dugas, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled change the name of Gasoline Alley and the portion of Landfill Road from its intersection with Huston Road to its intersection with Gasoline Alley to Public Works Road.
Moved by Councilor Loveitt, seconded by Councilor Willett and VOTED to amend the proposed to change the name to Public Works Drive. 7 yeas.
The order as amended was then VOTED. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled change the name of Gasoline Alley and the portion of Landfill Road from its intersection with Huston Road to its intersection with Gasoline Alley to Public Works Drive. 7 yeas.
Item #7216 Moved by Councilor Willett, seconded by Councilor Robinson, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled adjust certain Rescue and Development Review fees as recommended by the Finance Committee.
Moved by Councilor Hamblen, seconded by Councilor Loveitt and VOTED to table this item. 3 yeas (Hamblen, Loveitt, and Phinney), 4 nays.
Moved by Councilor Robinson, seconded by Councilor Willett and VOTED to list the current and recommended fees in the order. 7 yeas.
The order as amended was then VOTED. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled adjust certain Rescue and Development Review fees recommended by the Finance Committee as follows.
Additional Staff Review Current Fee Recommended Fee
1. Major Site Review $1,000 $500
2. Minor Site Review 700 $350
3. Contract Zone Application 500 $300
Fire and Rescue Fees
1. Fire and Rescue Reports $6 first page $10 first page
50 cents after 35 cents after
2. Annual inspection –
Outdoor fireplace -- $15
Note: The following fee adjustments are to conform with allowed Medicare Reimbursement Rates.
3. Basic Life Support
Emergency Transport $220 $320 (2 yes, 1 no)
4. Advanced Life Support
Emergency Transport $270 $400 (2 yes, 1 no)
5. Advanced Life Support
Emergency Transport Level II $450 $500 (2 yes, 1 no)
6. Non-resident for BLS and ALS
(Note: only applies if adjustments
In #3, 4, and 5 are approved) $100 0 (2 yes, 1 no)
5 yeas, 2 nays (Hamblen & Loveitt).
Item #7217 Moved by Councilor Robinson and seconded by Councilor Loveitt. David Homa spoke in favor of this item. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a request to establish criteria for determining when raised tables shall be used as a traffic calming measure to the Ordinance Committee for their recommendation. 0 yeas, 7 nays.
Item #7218 Moved by Councilor Dugas, seconded by Councilor Justice, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled amend order #7203, approved at their December 6, 2005 meeting, by expanding the charge of the Capital Improvements Committee to include the preparation of a Community Recreation Master Plan. 6 yeas, 1 nay (Hamblen).
Item #7219 Moved by Councilor Loveitt and seconded by Councilor Dugas to waive the reading of the order by the clerk. 7 yeas.
The prepared order was moved by Councilor Justice and seconded by Councilor Robinson.
Moved by Councilor Robinson, seconded by Councilor Justice and VOTED to amend the proposed order and change the date of the Election to November 7, 2006 and the date of the Public Hearing to October 3, 2006. 7 yeas.
The order as amended was then VOTED. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled conduct a Special Referendum Election to coincide with the November 7, 2006 State Election on a proposal to amend Article IX, Initiative and Referendum, Section 902 and Section 903 of the Town Charter with the question on the ballot to be as follows:
PROPOSED TOWN CHARTER AMENDMENT
INITIATIVE AND REFERENDUM
Shall Sec. 902 and Sec. 903 the Gorham Town Charter be amended as follows:
Sec. 902. Petition for overrule of action of council. All ordinances, resolutions or votes, except those making appointments or removals or regulating exclusively the internal procedure of the council, shall be subject to overrule by a referendum as follows:
If, within 14 days, excluding legal holidays and Sundays, after publication of any such ordinance, resolution or vote, a petition signed by not less than 10% of the registered voters of the Town of Gorham, as of the last previous annual town election, and where each such signature to be counted is supported by the petition circulator’s affidavit that he or she personally circulated the petition, that all such signatures were affixed in his or her presence and that he or she believes the signatures to be the genuine signatures of the voters they purport to be, is filed with the town clerk requesting its reference to a referendum, the council shall fix the time and place of such referendum which shall be within 21 days after the filing of the petition, and notice
thereof shall be given in the manner provided by law for the calling of a referendum. An ordinance, resolution or vote so referred shall take effect upon conclusion of such referendum, unless a majority of those voting thereon, shall have voted in the negative; and provided that the total number of votes cast for and against equals or exceeds 20% of the total number of registered voters in the Town of Gorham as of the last previous annual town election
Sec. 903. Petition for enactment of orders, ordinances and resolves. Subject to the provisions of section 902, including the petition circulator’s affidavit requirement for each signature, not less than 10% of the registered voters of the Town of Gorham, as of the last previous annual town election, may at any time petition over their personal signatures for the enactment of any proposed lawful order, ordinance or resolve by filing such petition, including the complete text of such order, ordinance or resolve, with the town clerk. …
[Note: Additions are underlined.]
[Explanation: The purpose of these proposed amendments is to require that referendum and initiative petitions under the Town Charter must be signed in the presence of specific persons or circulators, who would then sign an affidavit attached to the petition form, to ensure that petition signatures are genuine.]
BE IT FURTHER ORDERED that a public hearing will be held on this matter on October 3, 2006. 7 yeas.
Item #7220 Moved by Councilor Dugas, seconded by Councilor Willett, and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled charge their Capital Improvements Committee with developing a plan for road improvements and with developing a method to fund said improvements to bring back to the Town Council for their consideration. 6 yeas, 1 nay (Hamblen).
Item #7221 Note that this item on the agenda should state “office residential zone” and not “urban residential zone”.
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 proposal from the Ordinance Committee to amend the Land Use and Development Code Chapter 1, Section V, Definitions, as presented, to the Planning Board for Public Hearing and their recommendation. 7 yeas.
Moved by Councilor Robinson, seconded by councilor Willett and VOTED to waive the rules and take up an item not on the agenda. 7 yeas.
Moved by Councilor Robinson, seconded by Councilor Willett and VOTED to reconsider order #7204 from the December 6, 2005 Town Council meeting. 7 yeas.
Moved by Councilor Robinson seconded by Councilor Willett and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled reconsider Item #7204 approved at their December 6, 2005 meeting and change the date of the Election to November 7, 2006 and the date of the Public Hearing to October 3, 2006.
6 yeas, 1 nay (Loveitt).
Moved by Councilor Loveitt seconded by Councilor Dugas and VOTED to adjourn the meeting at 10:30 pm.
A TRUE RECORD OF MEETING Attest: ____________________________
Christina Silberman, Town Clerk
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