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Minutes to be approved at the December 5, 2006 TC Meeting
MINUTES
ORGANIZATIONAL COUNCIL MEETING #19-06
FREEPORT TOWN HALL COUNCIL CHAMBERS
NOVEMBER 14, 2006 – 7:00 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 (arrived late)
Frederick White, 45 Pleasant Hill Road x

FIRST ORDER OF BUSINESS: To waive the reading of the Minutes of Meeting #18-2006 held on October 17, 2006 and accept the Minutes as printed.

MOVED AND SECONDED: To waive the reading of the Minutes of
Meeting #18-2006 held on October 17, 2006 and accept the Minutes as
printed. (Bishop & Beaulieu) VOTE: (6 Ayes) (1 Excused—Migliaccio)

Councilor Migliaccio arrived at 7:05 p.m.

SECOND ORDER OF BUSINESS: That the Town Clerk report on the returns of the November 7, 2005 Election.

Town Clerk, Bev Curry provided the following report:

• Total number of registered voters at the start of voting—6,124
• Number of voters who registered on election day—182
• Total number of state ballots cast—3,979
• Total percentage of voters who cast ballots—63%
• Number of absentee ballots requested—772 (19% of votes cast)

Voters elected the following candidates to municipal office:

District 4 Councilor – 3-year term: James Cassida—755 votes
Councilor-at-large – 3 year term: Charlotte Bishop—1,905 votes
School Committee – 3-year terms:
John Gleason—2,466 votes
Christopher Leighton—2,602 votes
Susan Martling—2,607 votes

Sewer District Trustees – 3-year terms:
Brendon Alterio—1,753 votes
Leon Arsenault—1,893 votes
Donald Bail—1,958 votes

Water District Trustee – 3-year term: Maryann Schwanda—2,522 votes

Ms. Curry also provided a written report on the State’s Return of Votes Cast on November 7, 2006. She thanked everyone for their help with the elections and noted that it takes a lot of people to run an election. Chair Cassida thanked Ms. Curry for all her hard work.

MOVED AND SECONDED: That the Town Clerk’s Report be accepted.
(DeGrandpre & White) VOTE: (7 Ayes).


SWEARING IN OF NEW COUNCILORS:

Town Clerk, Bev Curry swore in Charlotte Bishop and Jim Cassida as Town Councilors to serve until November of 2009.

ROLL CALL OF NEW MEMBERS:
PRESENT ABSENT EXCUSED

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


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

MOVED AND SECONDED: To open the Public Comment Period on Non-Agenda Items only. (DeGrandpre & Beaulieu) VOTE: (7 Ayes)

There were none.

MOVED AND SECONDED: To close the Public Comment Period on Non-Agenda Items only. (White & Bishop) VOTE: (7 Ayes)


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

ITEM #147-06 To consider action relative to the electing of a chairperson and a vice-chairperson for the Town Council.

MOVED AND SECONDED: That the nominations for the position of Council Chairperson be accepted. (White & DeGrandpre) VOTE: (7 Ayes)

MOVED AND SECONDED: To nominate James Cassida for the position of Council Chairperson. (Beaulieu & Migliaccio) VOTE: (7 Ayes)

MOVED AND SECONDED: That the nominations cease. (White & Bishop) VOTE: (7 Ayes)

BE IT ORDERED: That Jim Cassida be elected Chairperson of the Town Council. (White & Beaulieu) ROLL CALL VOTE: (7 Ayes).

MOVED AND SECONDED: That the nominations for the position of Council Vice Chairperson be accepted. (White & Migliaccio) VOTE: (7 Ayes)

MOVED AND SECONDED: To nominate Richard DeGrandpre for the position of Council Vice Chairperson. (Bishop & Migliaccio) VOTE: (7 Ayes)

MOVED AND SECONDED: That the nominations cease. (White & Beaulieu) VOTE: (7 Ayes)

BE IT ORDERED: That Richard DeGrandpre be elected Vice Chairperson of the Town Council. (White & Bishop) ROLL CALL VOTE: (7 Ayes)


ITEM #148-06 To consider action relative to an expenditure from the FY 07 Operating Budget Miscellaneous and Contingency Account to provide for repairs to Morse Street School.

BE IT ORDERED: That up to $9,684 be expended from the FY 07 Operating Budget Miscellaneous and Contingency Account to provide for repairs to Morse Street School as outlined in the November 14, 2006 letter from the Superintendent of Schools. (Beaulieu & Arsenault)

Superintendent Elaine Tomaszewski introduced Dennis Ouellette and explained that standing water was
found in Morse Street School’s basement causing a foul smell. The total cost of assessment, testing,
supplies and depressurization equipment totaled over $25,000 but approximately $16,000 will come
from the school system’s fiscal ’07 capital budget. The $9,684 will come from the Town’s
miscellaneous and contingency account. She thanked Town employees for all their help in this matter.
Mr. Olmstead noted that there is $50,000 in this account and to date, it has not been tapped into.

ROLL CALL VOTE: (7 Ayes)
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ITEM #149-06 To consider action relative to an expenditure of $6,500 from the Open Space Bond Account to provide for the purchase of a property and a boundary line survey.

BE IT ORDERED: That $6,500 be expended from the Open Space Board Fund to provide for the purchase of 5 acres of property adjacent to Florida Lake and a boundary line survey. (Bishop & Beaulieu)

Mr. Olmstead explained that an abutter of Florida Lake, Ron Cummings, had approached him about
selling an additional five acres to the Town. Mr. Olmstead contacted the Conservation Commission
and they worked with Mr. Cummings and settled on the price of $5,000 for the property, which
will be added to the Florida Lake holdings. They also will need $1,500 for survey work. He strongly
recommends that the Council approve this acquisition. He answered questions for Councilor DeGrandpre.

ROLL CALL VOTE: (7 Ayes)


OTHER BUSINESS:

1. Discussion on Potter’s fence and response to proposed Indenture Agreement. (Soule School Property.)

Mr. Olmstead explained the Indenture Agreement drafted by the Town Attorney. The Potters were in agreement with some sections but were opposed to others. Mr. Potter was unable to attend tonight’s meeting and is out of town until November 28. Mr. Olmstead suggested postponing this discussion until December 5 when the Potters can be present. Councilors concurred.
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2. Discussion on Towing Rates – Councilor Bishop explained that she has received complaints about the Town’s rates being low for services provided during non-business hours. Chief Schofield provided a towing fee survey. Mr. Olmstead indicated that none of the towns surveyed have recently increased rates because of the high cost of fuel but suspects they will in the near future. Mr. Olmstead suggested increasing all of Freeport’s fees by $10.

MOVED AND SECONDED: To take up an item not on the printed agenda.
(Beaulieu & White) VOTE: (7 Ayes).

Councilor White reviewed all the charges and noted that this appears to be fairly profitable to him.
He will not support changing the fees. He would like to know what the business rates are. He
would also like to know how frequently the Town tows resident’s cars versus non-resident cars or
categorizing the tows. Councilor Migliaccio agreed and pointed out that the fees are consistent
with other communities. He would like to understand the number of tows that are being made
before he could support a change. He suggested tabling this item. Councilor Arsenault noted that since
Councilors appear to have questions, he is willing to postpone action on this item.

MOVED AND SECONDED: To table this pending information from the Town Manager to December 5. (Migliaccio and Arsenault) VOTE: (7 Ayes)
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3. Review letter from Drew Wing concerning the recently approved retirement overlay district.

Mr. Olmstead explained that Chris Vaniotis, a land use attorney and Mr. Wing’s attorney, Richard Shinay, have drafted the agreement concerning property taxes. Discussion followed. Councilor DeGrandpre noted that this instrument exactly addresses the concerns that Councilors had.

MOVED AND SECONDED: To take up an item not on the printed agenda. (Bishop & Beaulieu) VOTE: (7 Ayes)

MOVED AND SECONDED: To authorize the Town Manager to enter into an agreement with Freeport Living LLC regarding property taxes and sign.
(Bishop & Arsenault) ROLL CALL VOTE: (7 Ayes)

Councilor White asked about the conservation easement. Mr. Olmstead explained that site review
has to take place first. It is his preference that the Conservation Commission or Conservation
Trust hold the easement. He has been told that they prefer not to do this. If the Council requests
that they hold the easement and they decide not to, the Council can find another eligible holder. The
Town of Freeport is qualified to hold the easement. Councilor DeGrandpre noted that it would be
easier to do it with one group and the Conservation Commission would develop the management plan.

Councilor Migliaccio requested that in the future, if there are contracts provided, they be
accompanied by a cover letter from the attorney for tracking purposes.

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4. Distribute materials concerning Council goals and Committee assignments for the coming year.

Mr. Olmstead had materials for Councilors. Chair Cassida noted that at the December 5 meeting, the Council will be spending time reviewing committee assignment preferences and goals for the upcoming year. He asked that Councilors provide this information to him by e-mail or drop them off at the Town Hall by November 21. He and Vice Chair DeGrandpre will review this information and will have a document ready to discuss on the 5th.

Councilor White noted that the Conservation Commission has asked for a liaison. Chair Cassida mentioned that it is important to also have someone on the Community Center Advisory Board. Currently Town staff is attending but his preference would be to have a Councilor attend. If someone feels they can do it, they should let Chair Cassida know.
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5. Update on US Route #1 South sidewalk to Kendall Lane.

Mr. Olmstead explained that in October of ’05 the PACTS Policy Committee approved the paving
of South Street from Bow Street to West Street and they also approved a sidewalk from the
Baptist Church to Kendall Lane on U.S. Route One. The third project Freeport requested was
reconstructing the road from Mallett Drive to Kendall Lane. That project was not on the “A”
list but when we received word from MDOT that we would be getting $18M for road
improvement projects and other types of infrastructure projects, the PACTS Policy Committee
developed a “B” list that included Freeport’s road reconstruction project. A few months later, we
received word from MDOT that we were not getting $18M. We would be getting $12M so the “B”
list projects were cut. This meant we lost our road reconstruction project and we have to reconstruct
the road before we can build a sidewalk. We then received word from MDOT that we were not
getting $12M but we were getting $14M but PACTS Staff cut Freeport. Back in ’05 in order to get
on the “B” list, Mr. Olmstead offered to give up the South Street paving project and have that money
applied to the road reconstruction project. He has since learned last week from the Executive
Director of PACTS that since Freeport’s reconstruction project on U.S. Route One had been cut from
the list, that they also took away Freeport’s paving money for South Street. He objected to that
because it felt as though this was a penalty for trying to get creative in getting Freeport’s
reconstruction project done and a sidewalk built. When we were told we were on the “B” list and
would be funded, we talked to MDOT and they were scheduled to pave from Mallett Drive all the
way to the Brunswick line last year. We asked them if it made sense to pave from Mallett Drive to
Kendall Lane if we were going to have full depth reconstruction the next year. They indicated it
would be a waste of taxpayer money to do that and cut out the paving piece from Mallett Drive to
Kendall Lane. Where we currently stand is that we have lost the paving piece on Main Street from
Mallett Drive to Kendall Lane, we have lost our road reconstruction project and we have lost our

paving project on South Street. We have been awarded $75,000 to build a sidewalk on U.S. Route
One but we can’t build a sidewalk for that because we have to deal with several pieces that were in
the road reconstruction project.

Mr. Olmstead is going to the PACTS meeting on Thursday at 1:30 p.m. and will ask the Policy
Committee to restore our paving money for South Street since it was funded in ’05. His second
request will be that we be allowed to change the scope of the sidewalk on U.S. Route One and ask the
PACTS Policy Committee to fund that sidewalk at a level of about $225,000 vs. the $75,000 that is
already funded.

Freeport was not the only project that was on the original “A” and “B” list that was ultimately cut.
There were three or four other projects also cut from the “B” list sometime ago. He will be asking the
Policy Committee to prioritize those projects so that the next time we receive money through
PACTS, those projects will get funded first before any other projects get funded. The PACTS staff’s
position is that when we gave up the paving money on South Street to try to fund the road
reconstruction project, we abandoned that project and the money would be lost if we were not
successful. He cannot believe the PACTS Policy Committee will support staff in that position.

Mr. Olmstead requested that the meeting be held in Freeport so that the PACTS Policy Committee
could go on a site walk and actually see the problem we have in getting kids safely from the Middle
School to downtown Freeport. That request was denied so Mr. Olmstead asked if there was a process
in which the public could participate in this discussion and was told that “no, there isn’t”. Mr.
Olmstead asked the Neighborhood Association to sponsor a letter, which they have done, which
he has sent to PACTS to be distributed at the Policy Committee meeting. He and the Town Planner
have been working on a PowerPoint presentation for Thursday’s meeting and will take the “site walk”
to the Policy Committee meeting. He plans to put the half-mile that was not paved from Mallett to
Kendall back into competition in the future or MDOT, who cut it out of their project, may agree to
come back and pave that section. He is fairly confident that we will get our paving money back and
reasonably confident that he can convince the Policy Committee to help fund the sidewalk. There’s
$500,000 in undesignated funds available and he will be asking for $200,000.
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6. Informational Exchange.

South Freeport Village Parking and Traffic Project

Chair Cassida explained that Councilor White worked on this draft. This is not a regular agenda
item and no action will be taken this evening. It is also not something pushed in at the last minute. It is
the first draft and the sole purpose of it being on tonight’s agenda, is to give the Council an opportunity to
review it and give Councilor White some feedback. He feels it would be best to do this in an open
session.

Councilor White pointed out that he does not view this as his document. It is what the Council discussed
and is a starting point. He asked for suggestions.

Councilor Beaulieu questioned in the 10th line under Background whether only deepwater access is
correct. Councilor White explained that he meant only deepwater access for residents. In the second
paragraph, second line, she suggested adding the word commercial after residents and tourists. Under
Purpose, she suggested removing the word primary before stakeholders and changing July 4, 2007 to
Memorial Day, 2007. Under Objectives, in the fourth bullet, the word ordinance should be changed to
ordinances. Under Involvement, she questioned the wisdom of having two project leaders and did not
feel one should be a Councilor. She noted that Town Staff should be ex officio to the committee. She
asked if representatives from FMA, FEDC and the Historical Society should be considered.

Councilor Migliaccio suggested that the committee should be instructed to bring forth recommendations
that are consistent with current land use regulations. He would suggest that the Town Planner not be a
voting member of the committee but should be available. He would like to figure out how to have the
committee evaluate the basics of trouble shooting at the beginning. For the short term recommendations,
see if there is something they can do immediately to get them going.

Chair Cassida noted that he felt the scope was a bit too narrow. He would be looking at this as an access
for all Freeport residents to the harbor. The harbor includes not just South Freeport but includes Winslow
Park, Lower Flying Point, etc. The way it is drafted, it is fine for a short-term goal but it doesn’t give the
committee the direction to go and look at the bigger picture and solve problems on a comprehensive
basis. He brought up kayakers as an example and questioned if they could be accommodated in other
places in town. Councilor Beaulieu noted that this committee does not have the stakeholders to settle
issues such as kayakers.

Vice Chair DeGrandpre mentioned that “lifestyle” is confusing in the second paragraph. He mentioned
that Parking and Traffic should be included in the committee and as for representation, he suggested that
one representative from South Freeport Village and one from Freeport should be on the committee, not
two in an effort to keep the committee size manageable. Chair Cassida suggested a committee of 12 or 13
and mentioned that all the meetings would be open to the public.

Councilor Migliaccio is not sure he wants to be involved in this committee but is certain that a leadership
role is not for any Councilor. He plans to attend all the meetings.

Under Objectives, Councilor Arsenault suggested that the committee consider what would happen if
Brewer’s decides to not renew their lease.

Chair Cassida noted that some good suggestions have been made. He would like to have one more round
of discussion on it. He does not feel there should be public comment on the formation of the committee.
He is hoping the committee can be sitting sometime in January and the Council will need to find
representative for these groups.

Councilor Migliaccio would like to provide process and asked if an agenda could call out that there will
be 15 minutes for discussion with the Council. Chair Cassida would like to have a discussion on the 5th
and put the document out there for everyone to see. He encouraged members of the public at home to e-
mail him if they have any comments.

Councilor White explained that the next step feels like selecting a project leader and a good facilitator.
Councilor Beaulieu pointed out that a professional facilitator should be someone that doesn’t live in
Freeport. She would prefer to have this appear on the December 5 agenda and finalize what it is going to
be. During the last meeting in December, the Council can name the committee.

Vice Chair DeGrandpre pointed out that when talking to the groups, they may have their own suggestions
for the committee.

Councilor Bishop asked if there was consensus on how many should represent the village residents and
how many should represent Freeport residents. There was consensus that there should be one from each
group but Councilor Migliaccio noted that he believed the number should be two from each group.
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Letter from Bernstein Shur

Councilor White mentioned the letter regarding Retroactive Application of Ordinances which came out of
the Council’s workshop with the Planning Board concerning the Wolfe Neck Girls’ School. He requested
that this be added to the December 5 agenda.
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Councilor Migliaccio noted that there is a workshop on Thursday night from 7-9 p.m. between the School
Committee and Pownal School's governing body to discuss consolidation investigations. Chair Cassida
encouraged Councilors to attend if possible.


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Drew Wing explained that the Council has a copy of a letter from his attorney to the Town’s attorney regarding the easement and the real estate taxes. It is not congruent with the agreement the Council has now. He urged the Council to not look at the earlier letter and say that is not what we agreed upon. He cautioned that it not become part of the public record and then have people become confused about it. Chair Cassida assured Mr. Wing that the Council did not have this earlier letter.
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ITEM #150-06 To consider action relative to an Executive Session to discuss the potential acquisition of real estate and consultations with the Town Attorney concerning the legal rights and duties of the Town Council pertaining to the regionalism of services. (1MSRS § 405 subsection 6A & C).

BE IT ORDERED: That the Town Council enter into Executive Session with the Town Attorney to discuss the potential acquisition and sale of real estate and consultations concerning the legal rights and duties of the Town Council pertaining to the regionalism of services. (Beaulieu & White) VOTE: (7 Ayes)

MOVED AND SECONDED: To reconvene. (Bishop & Arsenault) VOTE: (7 Ayes)

MOVED AND SECONDED: To adjourn at 10:30 p.m. (Bishop & DeGrandpre)
VOTE: (7 AYES).



Respectfully Submitted,



Sharon Coffin
Council Secretary