01/12 -


MINUTES - to be approved at the 1/17/06 Town Council Meeting
FREEPORT TOWN COUNCIL MEETING #1-06
TOWN HALL COUNCIL CHAMBERS
January 3, 2006 – 7 p.m.


CHAIRPERSON’S CALL TO ORDER PRESENT ABSENT EXCUSED

John Arsenault, Prout Road x
Genie Beaulieu, P.O. Box 74 x
Charlotte Bishop, Maquoit Drive x
James Cassida, 5 Timber Ridge Road x
Rich DeGrandpre, Timber Ridge Road x
Joe Migliaccio, 2 Vinmar Lane x
Frederick White, 45 Pleasant Hill Road x

Chair Cassida called the meeting to order at 7 p.m.

FIRST ORDER OF BUSINESS: To waive the reading of the Minutes of Meeting #23-05 held on December 20, 2005 and accept the Minutes as printed.

MOVED AND SECONDED: To waive the reading of the Minutes of Meeting #23-05 held on December 20, 2005 and accept the Minutes as printed (Bishop & DeGrandpre) VOTE: (7 Ayes)


SECOND ORDER OF BUSINESS: Announcements

Councilor DeGrandpre announced that he is putting together a job description for positions on some Town boards and committees so that they can advertised properly. Chair Cassida noted that if any citizen has an interest in serving on one of these boards, he or she should fill out an application and submit it to Town Hall. Applications can be found on the Town’s website and are also available at Town Hall. Councilor Bishop mentioned that generally, these committees meet once a month.

THIRD ORDER OF BUSINESS: Public Comment Period – 30 Minutes (Non-Agenda Items Only)

MOVED AND SECONDED: To open the Public Comment Period. (White and DeGrandpre) VOTE: (7 Ayes)

There were none.

MOVED AND SECONDED: To close the Public Comment Period. (Arsenault & Migliaccio) VOTE: (7 Ayes)

Citizen of the Year Award

After pointing out her many contributions to the Town of Freeport, Councilor Bishop presented this year’s award to Betsy Ruff. Ms. Ruff accepted the plaque and thanked everyone.

A 15-minute break was taken so that everyone would have an opportunity to congratulate Ms. Ruff. Refreshments were provided.

______________________________________________________________________________
The Council reconvened at 7:25 p.m.

FOURTH ORDER OF BUSINESS: To take action on the following items of business as read by the Council Chairperson.

ITEM #4-06 To consider action relative to the adoption of the January 3, 2006 Consent Agenda

BE IT ORDERED: That the December 20, 2005 Consent Agenda be adopted. (White
& DeGrandpre) VOTE: (7 Ayes)

Chair Cassida reviewed the items that were on the Consent Agenda for members of the public.

Councilor White pointed out that last year when the application for a Victualer’s License for Buck’s Naked BBQ came up; he voiced his thoughts relative to the name. He feels the name is inappropriate for a village of integrity and credibility and is concerned with the message it sends to our youths. He plans to vote against this item this evening but is supportive of the other items on the Consent Agenda

. ROLL CALL VOTE: (6 Ayes) (1 Nay—White)


ITEM #5-06 To consider action relative to proposed amendments to the Zoning Ordinance Village Commercial I and II Zones (VC-1 & VC-II) concerning uses in the zone and new definitions. (Chapter 21). (Public Hearing)
MOVED AND SECONDED: That the Public Hearing be opened. (Beaulieu & DeGrandpre) VOTE: (7 Ayes)

Town Planner, Donna Larson gave a brief overview of the proposed amendments. This has been a work in progress over the past several months. She answered questions from Councilors regarding the 35’-40’ height requirement on the parking garage and the lack of parking required for visitor center and art center employees.

Speaking in favor of the amendments were: Stephanie Slocum, Executive Director of the Freeport Economic Development Corporation, Susie Saunders, President of the Freeport Village Commercial Property Owners Association and Dick Collins, Freeport Merchants Association Executive Director. No one from the public voiced any opposition to the amendments.

MOVED AND SECONDED: That the Public Hearing be closed. (Beaulieu & White) VOTE: (7 Ayes)
Since the amendments do away with auto repair service garages and convenience stores with gas pumps, Councilor DeGrandpre noted that there are currently only two places in Freeport where people can purchase gasoline. He is concerned that we will expect everyone to arrive by car but at some point there will be few places to obtain gasoline. He asked that the Planning Board consider other locations or perhaps an overlay district near the Interstate exchanges for service station competition.

Councilor Migliaccio shared his concern that a parking garage will change traffic patterns.
Ms. Larson agreed that this would happen but explained that traffic and circulation will have to be worked out with the Traffic and Parking Committee as well as the Project Review Board.

Discussion followed on the parking garage height requirement. Councilor Arsenault advised that the Fire Chief pointed out that Freeport now has the capability to fight fires at 70 feet. Ms. Larson explained that the Planning Board’s intent for the height requirement was to maintain the village character and keep it to two or three stories. Councilor White noted that 40’ appears high. Discussion followed.

Chair Cassida thanked Ms. Larson and the Planning Board for all their hard work. He shared Councilor DeGrandpre’s concerns with pushing auto repairs and gas stations out of the village. He is confident there is a place for these businesses in Freeport but it needs to be decided where that place is.

BE IT ORDERED: That the proposed amendments to the Zoning Ordinance be approved. (Beaulieu & Arsenault) ROLL CALL VOTE: (7 Ayes).

ITEM #6-06 To consider action relative to a Mutual Aid Agreement between the Town of Freeport and the Town of Yarmouth concerning police services. (Public Hearing)

BE IT ORDERED: That the proposed Mutual Aid Agreement between the Town of
Freeport and the Town of Yarmouth concerning police services be approved.

BE IT FURTHER ORDERED: That the Town Manager be authorized to sign the
agreement on behalf of the Town of Freeport. (DeGrandpre & Bishop)

Mr. Olmstead explained that the Town of Yarmouth had their attorney review their Mutual Aid Agreements with other communities. The attorney, who happens to be Freeport’s Town Attorney as well as Brunswick’s, suggested a few revisions in Section 4 under 4.1 and 4.2. The balance of this document remains unchanged. Mr. Olmstead suggested that the Council approve this agreement and authorize him to sign it as well as authorize him to sign this language change with other communities in which Freeport has Mutual Aid Agreements with so that he does not have to bring this back to the Council each and every time.

MOVED AND SECONDED: To authorize the Town Manager to sign this language change with other communities in which Freeport has Mutual Aid Agreements with.
(DeGrandpre & Arsenault) VOTE: (7 Ayes)

Chair Cassida asked Mr. Olmstead to clarify in 4.1— in their individual and official capacities and asked if the employee was sued personally, if the Town would defend he or she. Mr. Olmstead clarified that the Town would not defend an employee if he or she were being sued personally. Mr. Olmstead is confident that this is clear to the Town Attorney. Chair Cassida asked that the record reflect that this is not clear to him.

ROLL CALL VOTE: (7 Ayes)


OTHER BUSINESS:

1. Revaluation Update/LD1660 – Personal Property Exemptions.

Bob Konczal, Town Assessor, explained that he is proposing to do a market update of property evaluations this year. This update will be effective with tax bills that come out after Labor Day this year. He noted that assessments are quite low in town relative to the sale prices of properties and assessments are not equitable. The town is losing money on its Homestead Exemption reimbursement from the State, which he estimates is approximately $10,000. He pointed out that the State has a Property Tax and Rent Refund Program available for any resident that has a property tax bill exceeding 4% of their adjusted gross income. They should come in and talk to the Assessor or to Johanna Hanselman and they will help them with the State forms. The deadline is coming up in the next few months for last year. Councilor DeGrandpre noted that the deadline for the Homestead Exemption reimbursement is April 1. Discussion followed. Mr. Olmstead suspects that when the market update is completed, there will be a shift from commercial to residential and he predicts that most residential homeowners will see an increase. This update will cost approximately $35,000.

LD 1660 —Mr. Konczal noted that this is the Governor’s proposal to repeal the personal property tax.
Mr. Olmstead indicated that property owners should be talking to their representatives because this type of proposal will send property taxes through the roof.

Chair Cassida asked if the Council wanted to proceed with the market update. There was consensus to go forward with it.

2. Biodiesel Presentation

Peter Arnold of the Chewonki Foundation introduced Erica Morgan from the Maine Energy Investment Corporation. They provided a presentation on Biodiesel, a homegrown fuel that will run in any diesel engine or furnace. In addition to using vegetable oil, animal fat can also be used. Currently there is interest in switching from diesel to biodiesel for school buses because of diesel’s toxic emissions. They provided the Council with a copy of a non-binding letter of interest, which they are hoping municipalities and businesses will sign in an effort to get a biodiesel manufacturing plant in Maine. The Town of Falmouth and L.L. Bean are currently using Biodiesel fuel in addition to other Maine users.

Mr. Arnold addressed questions from Councilors. Discussion followed.

Councilor Migliaccio noted that he works for Maine Technology Institute and they have made grants to Chewonki to investigate Biodiesel for Maine. He is learning more on this every day. He suggested that when the Council meets with the School Board, that it investigate using a blend in our school buses. If there is not a cost hindrance and there are some demonstrated health benefits to be gained, the Town should look into using it in the schools. Chair Cassida noted that this item was put on the agenda for informational purposes to give the Council food for thought down the road. He pointed out that Mr. Turner is also in attendance this evening. Mr. Turner has been using an alternative fuel in his greenhouse on Wardtown Road. He will come back and give an overview at some future time on Bioheat.

Councilor DeGrandpre asked how many gallons of diesel fuel and how many gallons of heating oil the schools use. Mr. Olmstead didn’t dare venture a guess but noted that this information can be provided for some future discussion.

Chair Cassida thanked the presenters for coming in this evening.

3. Update on Universal Waste Collection

Mr. Olmstead advised that two years ago the Council authorized the establishment of the Universal Waste Collection at the Town’s Solid Waste Recycling facility. We collect waste from Freeport, Pownal and Durham. The State of Maine is requiring that by mid-January of this year, each Town establish or designate a Universal Waste Collection facility to serve their residents. Yarmouth has approached us about joining our Freeport program. The terms would be identical to what we charge Pownal and Durham. Mr. Carhart has advised that we have the capacity to handle the Yarmouth volume. Mr. Olmstead recommends that the Council accept Yarmouth into our program. There was consensus that Mr. Olmstead move forward with accepting Yarmouth into our program.

4. Discussion of new County Program concerning Community Development Block Grants proposed by Cumberland County Government and GPCOG.

Chair Cassida referred to a letter in Council’s packets and explained that GPCOG is talking about their new program concerning community development block grants and requesting that each community designate an individual to participate in a forum to discuss how to implement this new program that they have.

Mr. Olmstead noted that he discussed this with Donna Larson and she volunteered to participate if the Council designates her. Councilor Beaulieu explained that she represents Freeport on COG already. Chair Cassida noted that having Councilor Beaulieu already serving and Ms. Larson serving, would give Freeport two voices. Everyone was in agreement. Discussion followed. Mr. Olmstead will notify Peter Crichton.

5. Informational Exchange

Councilor Arsenault pointed out that the Appointments Committee is having a difficult time finding candidates to fill seats on Town Boards and Committees. He wanted to give the Council time to give some consideration to reducing the number of seats on some boards from 7 to 5. While most of the seats are filled at the present time, the applicant pool is empty. Discussion followed.

Chair Cassida would prefer not to reduce the size of the boards and is confident that people will step up and fill the void. Mr. Olmstead added that the 2006 market update might interest a lot of people.
Councilor DeGrandpre will speak to some of the chairs to see what thoughts or ideas they may have for membership and what challenges they seem to run into for attendance. Perhaps their meeting times can be adjusted to make it easier for folks to attend. He feels it is important that people participate in their communities.

Councilor White asked if Freeport has the same number of committees that the surrounding towns have. Mr. Olmstead advised that Freeport has more committees on average than other communities have. Councilor Beaulieu suggested that the Council have a workshop in the next 6-8 months to decide what committees are really needed.

Mr. Olmstead noted that Councilor DeGrandpre is trying to take all the information that exists in various places and put it together in a form that is readily available to a member of the public who wants to know what a Planning Board member does and what the requirements are. We have attendance requirements in one place and the meeting schedule in another, etc.

Councilor Migliaccio suggested doing individual slides during prime time on the Cable channel. Councilor DeGrandpre also suggested running agendas, meeting times, what is going on, etc. between 6 p.m.-7 p.m. People can see these in a timely fashion and attend a meeting if it is of interest to them.

Chair Cassida mentioned that Councilor Arsenault’s suggest has some merit but he would like to see what recruitment could do in the short term. He suggested revisiting this issue at a later time. Attendance will be discussed with the chairs of committees when the Council meets with them.

ADJOURNMENT

MOVED AND SECONDED: To adjourn at 10:05 p.m. (Beaulieu & Bishop)
VOTE: (7 Ayes)


Respectfully Submitted,



Sharon Coffin
Council Secretary