Town of Gorham, ME - September 2, 2003 Minutes

Roll Call of Council: Present: Chairman Phinney: Councilors Loveitt, Robinson, Justice, and Willett; David Cole, the Town Manager and Brenda Caldwell, the Town Clerk.

Moved by Councilor Justice, seconded by Councilor Robinson and VOTED to approve the Minutes of the August 5, 2003 regular meeting as printed and distributed. 5 yeas.

Councilor Loveitt reported on a meeting with Ledgewood Contractors on the new community building. He also asked to have an item on the October agenda regarding the right turn lane on Mechanic Street.

Councilor Robinson reported that he has received several calls regarding the delay in opening of the new middle school. He explained that originally the school was supposed to be open on January 1 and that the work is actually ahead of schedule.

Chairman Phinney reported that school started today in Gorham and requested that people drive especially carefull. He also wished Councilor Dugas a quick recovery from his recent surgery.

The Town Managers report consisted of a report that nomination papers are available for two seats on the Council and two seats on the School Committee. Papers are due back to the Town Clerk on or before September 19^th. The Town Manager reminded the Council of the Jenson, Baird, Gardner & Henry seminar to be held September 10^th; reported that the Gorham Sports Center is to have a ground breaking ceremony this coming Sunday and thanked all those involved for a very successful parade and Family Fair.

The meeting recessed for a public hearing on an application for a Combined Massage Establishment/Massage Therapist License in the name of Carolyn D. Parker d/b/a Gorham Pines Massage Therapy. There was no public comment and the hearing closed at 7:14 p.m.

Item #6845. Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council authorize the issuance of a Combined Massage Establishment/Massage Therapist License in the name of Carolyn D. Parker d/b/a Gorham Pines Massage Therapy. 5 yeas.

The meeting recessed for a public hearing on an application for a Class II Victualers License in the name of XO Living, Inc. d/b/a Gorham Mr. Bagel. There was no public comment and the hearing closed at 7:15.

Item #6846. Moved by Councilor Willett, seconded by Councilor Loveitt and ORDERED that the Town Council authorize the issuance of a Class II Victualers License in the name of XO Living, Inc., d/b/a Gorham Mr. Bagel. 5 yeas.

The meeting recessed for a public hearing on an application of Gerard Zarrilli d/b/a Sierras Restaurant, Inc. for a Class I Victualers License; a Coin Operated Amusement Device Permit for four (4) machines; a Special Amusement Permit and a Restaurant/Lounge Liquor License. There was no public comment and the hearing closed at 7:17 p.m.

Item #6847. Moved by Councilor Justice, seconded by Councilor Willett and ORDERED that the Town Council authorize the issuance of a Class I Victualers License; a Coin Operated Amusement Device Permit for four (4) machines; a Special Amusement Permit and a Restaurant/Lounge Liquor License to Gerard Zarrilli d/b/a Sierras Restaurant, Inc. 5 yeas.

Item #6848. Moved by Councilor Willett, seconded by Councilor Loveitt and ORDERED that the Town Council authorize the Parks and Conservation Commission to submit an application to the Maine Forest Service for a Project Canopy Grant for a $1,000 grant with $1,400 of local match with the Parks and Conservation Commission responsible for administration, record keeping and compliance. 5 yeas.

Item #6849. Moved by Councilor Willett, seconded by Councilor Justice and ORDERED that the Town Council authorize the submittal of a five (5) year work plan in compliance with the National Environmental Pollution Discharge Elimination System, phase II requirements, which is a Federal mandate, to the Maine Department of Environmental Protection, as presented. 5 yeas.

Item #6850. moved by Councilor Justice, seconded by Councilor Loveitt and VOTED to waive the Clerk reading aloud the proposed order. 5 yeas. Moved by Councilor Justice, seconded by Councilor Willett and VOTED that

WHEREAS, the Gorham School Committee has received Department of Education Approval for a Revolving Renovation Fund Loan in the amount of $46,543 for work that has been completed and paid for relating to the Village Elementary School roof replacement and structural work and the Gorham High School roof replacement and structural work; and

WHEREAS, the Maine Department of Education has agreed to forgive $27,228 of the total $46,543 loan amount approved, with the Town to be responsible to repay $19,315 of the total loan amount either in full at the time of loan closing or over a 5 year term with no interest to be charged;

NOW, THEREFORE, BE IT ORDERED that the borrowing of up to $46,543 by the Town pursuant to the State of Maines zero interest rate/loan forgiveness Revolving Renovation Fund Program is hereby approved, with $13,200 of that amount relating to the Village Elementary School roof replacement and structural work and $33,343 relating to the Gorham High School roof replacement and structural work that has been completed and paid for by the Town, such borrowing to be on the condition that the State of Maine shall agree to forgive the States share of the loan amount ($27,228), with the documents to implement such borrowing and forgiveness to be signed by the Town Treasurer and the date, maturities, and other details of such bonding and borrowing to be determined by the Town Treasurer. 5 yeas.

Item #6851. Moved by Councilor Justice, seconded by Councilor Robinson and ORDERED that the Town Council refer a proposed sign ordinance to the Planning Board for public hearing and their recommendation. 5 yeas.

Item #6852. The order, as read aloud by the Clerk, was moved by Councilor Justice and seconded by Councilor Loveitt. Moved by Councilor Loveitt, seconded by Councilor Robinson and VOTED to amend the proposed order by adding “for the enlargement or replacement”. 4 yeas. 1 nay (Willett)

ORDERED that the Town Council refer a proposal to amend Chapter I, Section II (4) Nonconformance of the Land Use and Development Code, to allow for the enlargement or replacement of a nonconforming single family structure, provided the enlargement or replacement is not more nonconforming, to the Planning Board for public hearing and their recommendation. 5 yeas.

Item #6853. Moved by Councilor Justice, seconded by Councilor Loveitt and ORDERED that the Town Council refer a proposal to rezone property located at the corner of lower Main Street (Route 25) and Walnut Crest Road (Map 13, lot 4) from Residential to Roadside Commercial to the Planning Board for public hearing and their recommendation. 5 yeas.

Item #6854 Moved by Councilor Justice, seconded by Councilor Loveitt and ORDERED that, pursuant to Title 36, MRSA, Section 841, the Town Council go into executive session for the purpose of hearing an application for abatement of taxes based on poverty. 5 yeas.

Moved by Councilor Justice, seconded by Councilor Robinson and VOTED to deny the application for an abatement of taxes based on poverty because the applicant has sufficient income to pay her taxes and sufficient assets to contribute to the public charge. 5 yeas.

After some discussion, Chairman Phinney requested that an item be placed on the October Council agenda regarding the two tax proposals to be voted on at the November election.