12/13 -
To be approved at the 12/18/07 Town Council Meeting:
MINUTES
FREEPORT TOWN COUNCIL MEETING #18-07
COUNCIL CHAMBERS
DECEMBER 4, 2007
CHAIRPERSON’S CALL TO ORDER PRESENT ABSENT EXCUSED
James Cassida, 5 Timber Ridge 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 Vin Mar Lane x
William Muldoon, 2 Roos Hill Drive x
Chair DeGrandpre called the meeting to order at 7:05 p.m. and took roll call. He noted that Councilor White is excused this evening.
FIRST ORDER OF BUSINESS: To waive the reading of the Minutes of Meeting #17-07 held on November 13 and accept the Minutes as printed.
MOVED AND SECONDED: To waive the reading of the Minutes of Meeting
#17-07 held on November 13 and accept the Minutes as printed. (Cassida & Bishop) VOTE: (6 Ayes) (1 Excused—White)
SECOND ORDER OF BUSINESS: Announcements
Chair DeGrandpre announced that residents should have received the Community Attitude Survey. If anyone hasn’t received it, there are some available at the Town Hall. If someone disagrees with their spouse, they can pick up another copy. The deadline for getting them back has been extended to December 14. Councilor Cassida mentioned that some residents took offense that their name was not on the survey. One survey was mailed to a household. Councilor Beaulieu noted concerns with giving some families two surveys while others only get one. She feels it is unfair unless everyone gets another one for his or her spouse/significant other. Mr. Olmstead advised that 200 surveys have been picked up at Town Hall. Councilor Cassida suggested discussing this under “Other Business.” Other Councilors concurred.
Chair DeGrandpre announced that the School Consolidation RPC meets next Wednesday night in Pownal. Councilor Migliaccio offered to look up the meeting schedule but believes the meeting will actually be held tomorrow night in Pownal. Chair DeGrandpre offered to get back to everyone on this.
Rick Simard provided a schedule for Chair DeGrandpre.
December 5 – The meeting will be held at the Pownal Elementary School
December 19 – The meeting will be held in Durham
January 9 – The meeting will be in Freeport, the location is unknown at this time
January 23 – The meeting will be held in Pownal
February 13 – The meeting will be held in Durham
February 27 – The meeting will be in Freeport, the location is unknown at this time
March 5 – the meeting will be held at the Pownal Elementary School
March 19 – the meeting will be held in Durham
Councilor Migliaccio advised that last week’s consolidation meeting was a good meeting. Councilor White encouraged people interested in the school choice voucher system to plan on attending tomorrow night’s meeting. He mentioned that the letter submitted by the School Committee contained language to ask for other combinations if the one we are putting forth now doesn’t work.
THIRD ORDER OF BUSINESS: Public Comment Period – 30 Minutes (Non-Agenda Items Only)
MOVED AND SECONDED: To open the Public Comment Period. (Beaulieu & Bishop) VOTE: (6 Ayes) (1 Excused—White)
Dan Mains of Thunder Road asked the Council to suspend the legal action the Town has against him because he has done a lot to comply. Mr. Olmstead explained where the Town is in the process. Mr. Mains explained why he did not sign the Consent Agreement prepared a year ago. Chair DeGrandpre offered to review the Consent Agreement prepared by the Town Attorney. Mr. Mains objected to Chair DeGrandpre because he believes it would be a conflict of interest since they are both self employed in an auto repair business and competing for the same customers. He had no objection to Vice Chair Bishop reviewing the Consent Agreement. Councilor Bishop offered to get back to him before it goes to court.
MOVED AND SECONDED: To close the Public Comment Period. (Beaulieu & Bishop) VOTE: (6 Ayes) (1 Excused—White)
FOURTH ORDER OF BUSINESS: To take action on the following items of business as read by the Council Chairperson.
ITEM #173-07 To consider action relative to adopting the December 4, 2007 Consent Agenda.
BE IT ORDERED: That the December 4, 2007 Consent Agenda be adopted.
(Beaulieu & Cassida)
Chair DeGrandpre reviewed the items for members of the public. Mr. Olmstead referred to the
Town Council Meeting Schedule and noted the words “Pre Budget Discussion” should be
deleted from the January 15 Workshop and the March 21 date should be changed to March 25.
He also referred to Item 172-07 relative to accepting a bid for a new fire vehicle. He noted that
after running the numbers, it makes sense to do a partial pre payment.
ROLL CALL VOTE: (6 Ayes) (1 Excused—White)
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ITEM #174-07 To consider action relative to a proposed amendment to the Sign Ordinance concerning Temporary Banners (Chapter 23).
BE IT ORDERED: That the Public Hearing be scheduled for December 18, 2007 at 7:00 PM in the Town Hall Council Chambers to discuss a proposed amendment to the Sign Ordinance concerning Temporary Banners.
BE IT FURTHER ORDERED: That copies be distributed equally between the Town Clerk’s Office, the Town Manager’s Office and the Freeport Community Library for inspection by citizens during normal business hours and the notice be placed on Freeport’s local cable channel 3 and the Town’s website. (Bishop & Muldoon)
Councilor Muldoon asked for some background information. Mr. Olmstead provided an explanation and noted that the Codes Enforcement Officer is requesting this amendment. Councilor Muldoon wants to be sure the non-profits are made aware that this is happening and pointed out that some organizations put up non-event banners. He also suggested that the $100 fee be examined carefully. He suggested looking at the log of organizations that have put up banners during the past year to make sure they are made aware of the amendment. Mr. Olmstead offered to look at the list and will have Mr. Reeder here to discuss the fee at the public hearing.
ROLL CALL VOTE: (6 Ayes) (1 Excused—White)
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ITEM #175-07 To consider action relative to adopting an Emergency Operations Plan for the Town of Freeport.
BE IT ORDERED: That the proposed Emergency Operation Plan for the Town of Freeport dated November 8, 2007 be adopted. (Cassida & Migliaccio)
Chief Fournier explained the Plan to Councilors and answered questions. He plans to use this document when emergencies, such as the Patriot’s Day storm occur. Councilor Beaulieu suggested that the Fire Chief check to make sure the generator is operational and perhaps request that a yearly report of its condition be received from the School Department. Chief Fournier offered to check with the School Department.
Councilor Beaulieu asked who would be next in line in the event the Town Manager was not available. Chief Fournier indicated that Judy Hawley would be in charge under the Town Charter. Chief Fournier explained the NIMS training to Councilors.
Councilor Migliaccio mentioned training and Chief Fournier agreed it would be helpful to do a training presentation with everyone involved. Councilor Migliaccio suggested taping the presentation and playing it on cable to make the public aware of the plan. Chief Fournier is planning to provide a program to the Elders. Councilor Bishop noted it would be helpful to tape it and play it on cable. Chief Fournier offered to check with Rick Simard. Chair DeGrandpre asked if the draft plan has been reviewed by County and State government. Chief Fournier mentioned that County has reviewed it.
ROLL CALL VOTE: (6 Ayes) (1 Excused—White)
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OTHER BUSINESS:
1. Town Council Committee Assignments for 2008.
Chair DeGrandpre mentioned the ’08 assignments and asked if anyone had any problems or concerns. Councilor Migliaccio pointed out that he has a problem coordinating the meeting times in Portland with the County Budget Committee. Councilor Beaulieu noted that she is at these meetings anyway and it is not a voting seat. She is willing to bring the information back to the Council and much of the information comes in e-mail form. She does have a conflict of interest since she cannot vote on her own budget. She can, however, provide feedback. . Mr. Olmstead advised that the District has a vote and he mentioned that staff could attend these meetings. The seat will come up for vote next year and Freeport could run for the seat. There was consensus that Councilor Beaulieu bring back the information since Councilor Migliaccio has difficulty attending these meetings.
2. Town Council Goals for 2008.
Chair DeGrandpre referred to the Goals and read them into the public record. Councilor Muldoon mentioned Goal #3 and asked why the merger of FEDC and FMA into a Freeport Chamber of Commerce is being considered. Mr. Olmstead provided an explanation. Councilor Muldoon suggested expanding the title and perhaps providing more explanation such as a “broader inclusiveness” and the reasons we are considering this. Other Councilors concurred.
Councilor Migliaccio would like to put to bed the contract zoning criteria. Councilor Cassida mentioned that this has to be brought forward by the Planning Board. Discussion followed. Chair DeGrandpre mentioned that the goals would be revised and brought back.
3. MMA Workers Comp Fund Stewardship Report.
Councilor DeGrandpre asked Mr. Olmstead to explain this item. Mr. Olmstead explained how the Town has earned credits by reducing its Workers Compensation program. He noted that the rates for health insurance costs are dropping this year and the goal is to make Town employees healthier this year and keep them healthy. He would like to use some of the savings to beef up the Wellness Program.
4. Review Council meeting schedule and considered workshops with the Town Attorney.
Councilor Bishop suggested that Councilors provide any questions in advance for the Town Attorney. Chair DeGrandpre noted that there may be some questions around school consolidation but if anyone has questions, they should be provided to Mr. Olmstead before January 22.
5. Update on School Consolidation
Councilor White is excused this evening but Chair DeGrandpre mentioned that there haven’t been many changes except for the letter sent to Augusta which is on the School’s website. The schedule of meetings is also on the School’s website.
6. Discussion on Fireworks Displays
Councilor Beaulieu asked that an explanation on the process be given. Mr. Olmstead provided information on how a fireworks display can take place in Freeport. In the past the Town Council and the School Department agreed that the School Department would govern activities on school property. He is not aware of any fireworks ordinances.
Susan Campbell of Hunter Road voiced concerns with fireworks and the impact on her farm animals, particularly an older pony that suffers from panic attacks. She has contacted L.L. Bean that is planning fireworks displays during the month of December. Their offers to board the pony for the month of December out of Freeport or picking it up on Saturdays were ruled out by Ms. Campbell’s veterinarian. She views six fireworks displays in any month of the year as excessive and asked the Council to determine what amount is reasonable. Discussion followed.
Councilor Migliaccio suggested asking the Ordinance Committee to ask for feedback from the public. He wants to be sure that the public has an opportunity to be notified when fireworks are planned in their neighborhoods. Chair DeGrandpre mentioned that this is an expensive thing to do and this is an extraordinary year for L.L. Bean celebrating their 95th birthday. Councilor Cassida noted he has concerns with over regulation in general but agreed it may be useful to do some research if there is reasonable standards for fireworks. It’s a complicated issue.
Councilor Bishop noted that she is grateful that L.L. Bean provided notice on their fireworks display. Since not everyone received a notice, Mr. Olmstead offered to check and see what criteria they used to send out their notices.
Councilor Cassida offered to do some research in the next month or so to see what is available for fireworks ordinances and the type of language that is available for guidance. If there is anything the Council wants to pursue, it can then be forwarded to the Ordinance Committee.
Mr. Olmstead offered to get Councilor Cassida a list of fireworks permits in surrounding communities that have been issued in the last year.
7. Informational Exchange.
School Consolidation—Councilor Migliaccio noted that last week’s meeting in Durham was
pretty informative. They did another straw vote on the school choice issue and learned that some
residents like smaller schools such as Freeport and others prefer Brunswick. He feels straw votes
are more of a sentiment-thinking thing.
County Budget—Councilor Beaulieu advised that next Tuesday night the County
Commissioners will be meeting with the County Budget Advisory Committee on the budget.
They will vote on their budget December 19. She noted that the jail issue did not pass and it
probably will be back. There are three or four options to see if we can save money or space. We
will most likely see another referendum in the fall.
Comprehensive Plan Survey—Chair DeGrandpre pointed out that there was a distribution of
one survey to a household. Councilor Cassida advised that the survey was addressed to him and
his wife took offense to it. It was not addressed to head of household. Councilor Migliaccio
provided some history on the survey.
Councilor Muldoon agreed that mailing lists are generally not good quality. Given the limited
response expected, he would welcome more in quantity. Mr. Olmstead mentioned that he picked
up another survey for his wife and his name was put on a list. Discussion followed.
Chair DeGrandpre would prefer more than fewer and agreed it is difficult to have an up-to-date
mailing list.
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MOVED AND SECONDED: To adjourn at 8:45 p.m. (Beaulieu & Bishop) VOTE: (6 Ayes) (1 Excused—White)
Respectfully Submitted,
Sharon Coffin
Council Secretary
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