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Minutes to be approved at the January 9, 2008 Town Council Meeting:

MINUTES
FREEPORT TOWN COUNCIL MEETING #19-07
COUNCIL CHAMBERS
DECEMBER 18, 2007

CHAIRPERSON’S CALL TO ORDER PRESENT ABSENT EXCUSED

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
Bill Muldoon, 2 Roos Hill Drive x
Frederick White, 45 Pleasant Hill Road x


Chair DeGrandpre called the meeting to order at 7:03 p.m. and took roll call. He noted that Councilors Bishop and White are excused this evening.


FIRST ORDER OF BUSINESS: To waive the reading of the Minutes of Meeting #18-07 held on December 4 and accept the Minutes as printed.

MOVED AND SECONDED: To waive the reading of the Minutes of Meeting #18-07 held on December 4 and accept the Minutes as printed.
(Beaulieu & Migliaccio) VOTE: (5 Ayes) (2 Excused—Bishop & White)


SECOND ORDER OF BUSINESS: Announcements

Chair DeGrandpre advised that Town Employees conducted their annual Christmas raffle this afternoon and it generated $1,500 for the Food Pantry. This amount has been matched by someone so this means $3,000 will be given to the Food Pantry. The Town Manager was asked to thank the Town staff for their generosity.

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. (Muldoon & Migliaccio) VOTE: (5 Ayes) (2 Excused—Bishop & White)

There were no public comments.

MOVED AND SECONDED: To close the Public Comment Period. (Cassida & Muldoon) VOTE: (5 Ayes) (2 Excused—Bishop & White)

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

ITEM #180-07 To consider action relative to adopting the December 18, 2007 Consent Agenda.

BE IT ORDERED: That the December 18, 2007 Consent Agenda be adopted.
(Beaulieu & Migliaccio)

Chair DeGrandpre outlined the items on the Consent Agenda for members of the public.

ROLL CALL VOTE: (5 Ayes) (2 Excused—Bishop & White)

________________________________________________________________________
ITEM #181-07 To consider action relative to amendments to the Zoning Ordinance (Section 409,104,514,201, and 427), Zoning Map, and comprehensive Plan (Sections VI and VII) concerning the Route One South Corridor. (Chapter 21) PUBLIC HEARING.

MOVED AND SECONDED: That the Public Hearing be opened. (Cassida &
Beaulieu) VOTE: (5 Ayes) (2 Excused—Bishop & White)

Town Planner, Donna Larson explained the proposed amendments. Kate Arno, Vice Chair of the
Freeport Economic Development Corporation noted that Stephanie Slocum is unable to
attend tonight’s meeting. FEDC wanted to go on record in support of the proposed changes. She
mentioned that they had significant opportunity for input and the process was open for
discussion.

Eldon Morrison, a Route One construction business owner and taxpayer noted that he stands in
opposition to these amendments and provided a letter to the Council outlining his opposition
points. He noted that these changes will be detrimental to his business and will make it more
difficult for him to utilize the land he owns. He explained that he owns 46 acres of land and no
one has knocked on his door. He owns large pieces of equipment as well as the Eagle Motel
property. He does not agree that both zones should be combined into one zone. He pointed out
where his property exists on a map and answered questions for Councilors.

Paul Koziel, supporting Mr. Morrison, thanked the Planning Board for their efforts but noted
that the proposed amendments are a bad solution looking for a problem to solve. He is critical of
Nos. 6 and 9. They are concerned that they don’t know what they will be doing in the future and
are critical of the proposed restrictions. They are in opposition to the restrictions placed on
construction services and the elimination of the C-2 District. He offered to sit down with the
Town Planner but was not contacted to do so. He noted they have been good neighbors through
the years and asked that their hands not be tied by these restrictions.

Ken Mann, Freeport resident and Route One property owner, asked the Council to schedule a
workshop on this issue because there are a lot of things that are new to people that attended the
public hearings through the years. A lot of things have been put in after the Planning Board’s
public hearing of October 3. He shared his concerns on process. He discovered that Planning
Board members are not allowed to speak to the public outside of public gatherings even though it
is public legislation. They could not be invited to do site walks by property owners. He is
confident that he can phone any Councilor and his calls would be returned. Ms. Larson advised
that the Planning Board did not conduct any site walks but were familiar with the corridor and
what existed there.

Mr. Olmstead explained that all public discussions of public proposals need to be held in public.
Councilor Cassida advised that he feels the public should be able to call the Planning Board for
clarification when necessary. Ms. Larson mentioned that she is available for clarification.
Councilor Beaulieu noted that the ability to contact Planning Board members may be a good
topic for the Council’s legal workshop.

Mr. Mann asked the Council to take their time with this issue and seek a legal opinion. Councilor
Muldoon asked Mr. Mann to provide the points brought into legislation after the first public
hearing. Mr. Mann indicated that he is not prepared this evening but would be happy to provide
them should the Council schedule a workshop. The removal of curb cuts is very important to
him.

Andrew Arsenault, Route One resident, advised that he attended all the meetings and wanted to
speak to process this evening. He asked the Council to sit down with all the landowners in a
workshop. He noted the lack of dialogue between the Planning Board and the landowners and
their inability to visit their properties. He has concerns with access points. He has four culverts
and four access points. He also has concerns that the “mays” are being changed to “shalls”. He
wants the language to remain as it is right now. It should be a negotiation process. He feels all
the buildings constructed are attractive. He provided a letter opposing the mandatory design
standards for U.S. Route One signed by 20 business owners.

Councilor Beaulieu pointed out that the right-of-way in this area meanders. In some places it goes in 50’ or 75’ and it is not easy to determine where the 330’ is because of the takings back in the 50’s. Ms. Larson advised that she does not have a copy of a right-of-way map for this area.

Mr. Arsenault advised that Stephanie Slocum has been a tireless worker for the residents of Route One. He pointed out that Exit 20 is now the gateway to Freeport, not Exit 17.

Drew Wing, resident and landowner, explained that he has been involved in the process for
sometime and feels that there are two issues here. One is a usage issue for Mr. Morrison and the
other is a curb cut issue. He noted that the process was fine but the construction issue was
brought up late.

Conan Deady, Planning Board member, emphasized that what was said about process is a red
herring. The Planning Board had well attended public hearings and workshops. He highlighted
the benefits being proposed for property owners. He suggested that the Council not schedule
another workshop.
MOVED AND SECONDED: That the Public Hearing be closed. (Cassida & Migliaccio) VOTE: (5 Ayes) (2 Excused—Bishop & White)

Councilor Migliaccio pointed out that he leases property on Route One and probably should recuse himself in voting on this issue because of a potential conflict of interest. He noted that members of his family signed the petition submitted by Mr. Arsenault. There was consensus from Councilors that Councilor Migliaccio did not have a conflict of interest. In the future, Councilor Beaulieu suggested that Councilor Migliaccio should bring a possible conflict up before participating in a discussion for an hour and a half.

Discussion followed. Councilor Cassida had questions for Ms. Larson regarding screening of construction equipment and if the Board considered internal traffic safety issues on narrow lots.
Ms. Larson explained the incentive being offered. Andrew Manning, Chair of the Planning Board clarified the proposed amendment. Councilor Cassida wants the Project Review Board to have the flexibility to increase curb cuts where necessary if the property owner can make a case for internal safety reasons. Mr. Manning agreed.

Councilor Beaulieu has problems with the west side. She would like to look at models. She suggested removing #9 from Page 12. On Page 11, D-1 outside storage must be fenced. There is no way to hide large equipment. She noted that performance standards work very well as a “may” and there is no need to make them “shall”. She asked everybody to make a list of changes they would like to see and come up with a method for the west side to give them better opportunities to use their land. If they need two curb cuts, they need two.

Mr. Muldoon commended the Planning Board for the work they have done. He is confident that we are very close to where we need to be and agrees that it is not realistic that large construction pieces can be hidden. He does not necessarily agree that the “shalls” should be eliminated because we are moving on a new path and looking to the future. We need to be specific about what we are talking about.

Councilor Migliaccio thanked the Planning Board and everybody in the public that participated. He thought there was a lot of opportunity to interact with the Planning Board. There is a huge opportunity for large buildings in this area. Contract zoning will allow some flexibility for a lot of folks that have concern here. Ms. Larson explained that the lighting section is very specific in the Ordinance. She noted that discussion about maximum size only came up under retail. Councilor Migliaccio suggested discussing sound buffering at some point.

Councilor Cassida noted that not everyone will be happy but he does not see visibility as an issue. He has no problem with removing the “shalls”. The right type of buildings seem to be constructed there. He suggested giving it back to the Planning Board and if they decide to have a workshop, the Council can attend and tweak the issues. It does not have to be a joint workshop.
He is fine with fencing but he is not sure it is necessary to screen large equipment in this particular area.

Councilor Migliaccio would prefer the Council to take charge and can workshop with the Planner. It has been pushed back to the Planning Board in 16 ways. Chair DeGrandpre agreed with Councilors Cassida and Beaulieu. He is confident that the Planning Board worked hard and commended them for their work. He summarized the issues in question. More discussion followed.

Mr. Manning does not see any additional information being provided. Safety is the primary concern and he feels there will not be any change. He asked for strict guidance so that they would not go over the same information again. Chair DeGrandpre asked if the Planning Board could come up with language to enable the Project Review Board to determine how many curb cuts are necessary on the western side of Route One for safe access to a particular property. Mr. Manning does not hold out very much hope but will take this issue back.

Mr. Olmstead suggested that Councilors consider developing language for the Planning Board to consider and then have them bring it back. Councilor Cassida offered to develop some language for the Planning Board. Timing was discussed. Councilors agreed to hold another public hearing sometime in March.

Mr. Mann suggested that the Council ask the Ordinance Committee to come up with language on curb cuts and then they will send it to the Planning Board. Councilor Cassida agreed and will schedule an Ordinance Committee meeting tomorrow with Mr. Olmstead. Councilor Migliaccio mentioned that public notice should go out again.

BE IT ORDERED: To table indefinitely and send it to the Ordinance Committee. (Cassida & Migliaccio) VOTE: (5 Ayes) (2 Excused—Bishop & White)

Chair DeGrandpre thanked everyone for their input.
________________________________________________________________________
ITEM #182-07 To consider action relative to a proposed amendment to the Sign Ordinance concerning Temporary Banners. (Chapter 23). PUBLIC HEARING.

MOVED AND SECONDED: That the Public Hearing be opened.
(Muldoon & Cassida) VOTE: (5 Ayes) (2 Excused—Bishop & White)

Fred Reeder, Codes Enforcement Officer, explained that he has been dealing with these banners
for the last 10-15 years in an informal situation. He feels it is time to get some language in the
Ordinance. Banners were permitted for 21 days but he feels 14 days are adequate. There were 6 or 7 applicants this year to advertise particular events. Chief Fournier recommends that the maximum size of the banner be 42” x 30’ and the minimum be 32” x 20’. Chief Fournier explained that his staff has been installing these banners because of safety issues. It takes 30-45 minutes for his staff to install a banner. Mr. Olmstead explained that the $100 installation fee does not cover the cost of installing the banner and our insurance carrier would prefer that we not do this at all.

Councilor Muldoon does not see the need for the installation fee, which demands a change in
policy. He is grateful that the Fire Department has installed these banners for the Freeport
Historical Society, St. Jude’s Church, etc. He worries about the cost to the non-profits that
contribute many things to the Town and suggested limiting it to Freeport organizations. He
suggested encouraging the non-profits to give a contribution of $25 or $50 to go into the
General Fund. Councilor Beaulieu would prefer to not provide this installation service and not
allow any banners to be put up. Walbow charges FMA $100 to install their banners. Councilor
Migliaccio suggested adding “beginning of the promotion” and perhaps some rule saying “the
installer needs to be acceptable to the Town.” Discussion followed. Mr. Reeder indicated that he
sent notices to everyone that has asked for banners and no one responded. He does not want to
have to approve who can install banners. Mr. Olmstead noted that the Town would experience
greater liability if people other than the Fire Department put up the banners. What should be
determined is the fee. Councilor Cassida suggested a nominal fee of $25 for the application and
installation.

MOVED AND SECONDED: That the Public Hearing be closed.
(Cassida & Muldoon) VOTE: (5 Ayes) (2 Excused—Bishop & White)

MOVED AND SECONDED: To amend Chapter 23: Freeport Sign Ordinance
to read:
3.5 Temporary Banners – Temporary banners on the poles provided adjacent to
Independence Drive shall be allowed by permit only.
Only Freeport non-profit organizations are permitted to apply. Maximum time
allowed for banners is 14 days prior to the event, or the beginning of the
promotion advertised and removal is required within 48 hours after the date of
the event. Installation is the responsibility of the applicant.
Permits are issued on a first come, first serve basis from the Codes Officer.
Maximum size of the banner shall be 42” by 30’ and the minimum size shall be
32” x 20’.

$25.00 flat fee for Temporary banner installation. (Muldoon & Migliaccio)
VOTE: (5 Ayes) (2 Excused—Bishop & White)

BE IT ORDERED: that the proposed amendment to the Sign Ordinance be
approved as amended. (Muldoon & Cassida) VOTE: (5 Ayes) (2 Excused—
Bishop & White)

ITEM #183-07 To consider action relative to authorizing the refunding of 1997 Series A Bonds.

WHEREAS, the Town of Freeport, Maine previously authorized the issuance of $4,275,000 1997 Series A General Obligation Bonds of the Town to fund the costs of a series of capital improvement projects and for that purpose $4,275,000 aggregate principal amount of bonds of the Town were issued on January 23, 1997 (the "l997 Bonds"); and

WHEREAS, $1,450,000 principal amount of the 1997 Bonds remains outstanding; and

WHEREAS, the Town Council of the Town has determined that a refunding, on a current basis, of the outstanding amount of the 1997 Bonds will provide substantial savings to the Town.

NOW, THEREFORE, BE IT VOTED AND RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FREEPORT, MAINE AS FOLLOWS:

RESOLVED: That pursuant to the provisions of the Charter of the Town, Section 5772 of Title 30-A of the Maine Revised Statutes, as amended, and all other authority thereto enabling, and to provide funds for the redemption and current refunding of the outstanding portion of the 1997 Bonds maturing on and after July 1, 2008, the Treasurer and Chairman of the Town Council of the Town are hereby authorized and empowered in the name and on behalf of the Town to issue up to $1,450,000 aggregate principal amount of bonds of the Town (the “Refunding Bonds”) with such denominations, interest rates, maturities, forms and such other terms and provisions as the officers executing the same may approve, their approval to be conclusively evidenced by their execution thereof, and further

RESOLVED: That the Treasurer and Chairman of the Town Council be and hereby are authorized and empowered, in the name and on behalf of the Town, to execute and deliver, under the seal of the Town attested by its Town Clerk, such agreements, documents and other instruments as the Treasurer and Chairman of the Town Council may deem necessary or appropriate in order to effect such refunding, such agreements and documents and other instruments to contain such terms and provisions, not contrary to the general tenor hereof, as the Treasurer and Chairman of the Town Council may approve, their approval to be conclusively evidenced by their execution thereof; and further

RESOLVED: That the Treasurer, Town Clerk and Chairman of the Town Council and all other proper officials of the Town, be and hereby are, authorized and empowered in its name and on its behalf to do or cause to be done all such acts and things as may be deemed necessary or desirable in order to effect the issuance and delivery of the Refunding Bonds as authorized in this resolution, including without limitation the execution and delivery of such further agreements, documents, certificates and other instruments as may be necessary or appropriate in connection therewith; and further

RESOLVED: That the Treasurer of the Town is authorized to covenant on behalf of the Town and for the benefit of the bondholders, that the Town will take whatever steps, and refrain from taking any action, as may be necessary or appropriate to ensure that interest on the Refunding Bonds authorized hereunder will remain exempt from federal and State of Maine income taxes. (Beaulieu & Migliaccio)

Greg L’Heureux explained why this item is on tonight’s agenda. He answered questions for
Councilors. The bonds are intended to go to market the end of January. Savings are expected in
the $60,000-$70,000 range.

ROLL CALL VOTE: (5 Ayes) (2 Excused—Bishop & White)

________________________________________________________________________
ITEM #184-07 To consider action relative to a proposed amendment to the Solid Waste Disposal Ordinance concerning the collection of commercial waste. (Chapter 28).

BE IT ORDERED: That a Public hearing be scheduled for January 8, 2008 at 7 p.m. in the Town Hall Council Chambers to discuss a proposed amendment to the Solid Waste Disposal Ordinance concerning the collection of commercial waste.

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. (Beaulieu & Migliaccio)

Chair DeGrandpre explained that this came to the Council after several meetings with the Traffic and Parking Committee.

ROLL CALL VOTE: (5 Ayes) (2 Excused—Bishop & White)
________________________________________________________________________
ITEM #185-07 To consider action relative to adopting Town Council Goals for 2008.

BE IT ORDERED: That the proposed Town Council Goals for 2008 be adopted. (Cassida & Migliaccio)

Councilor Cassida explained that only one change was made.

ROLL CALL VOTE: (5 Ayes) (2 Excused—Bishop & White)

______________________________________________________________________________

MOVED AND SECONDED: To move an item not on the printed agenda. (Beaulieu & Migliaccio) VOTE: (5 Ayes) (2 Excused—Bishop & White)

ITEM #186-07 To consider action relative to a proposed amendment to the Traffic and Parking Ordinance concerning prohibited parking times. (Chapter 48)

BE IT ORDERED: That a Public hearing be scheduled for January 8, 2008 at 7 P.M. in the Town Hall Council Chambers to discuss a proposed amendment to the Traffic and Parking Ordinance concerning prohibited parking tines

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. (Beaulieu & Migliaccio) VOTE: (5 Ayes) (2 Excused—Bishop & White)
______________________________________________________________________________

OTHER BUSINESS:

1. Update on School Consolidation—Councilor White is excused this evening.
______________________________________________________________________________
2. Discussion on Homeland Security Grant Award.

Fire Chief Fournier explained that Freeport was awarded a grant this year. Mr. Olmstead explained that these items were scheduled to be purchased by the Town in 2008.

BE IT ORDERED: That the Department of Homeland Security Grant in the amount of $180,500, to provide for the replacement of Fire Department SCBA Air Packs and an air compressor system be accepted.

BE IT FURTHER ORDERED: That the required matching funds of $12,525.00 be expended from the Fire Department Capital Rescue Fund.
(Beaulieu & Cassida) VOTE: (5 Ayes) (2 Excused—Bishop & White)

Councilors commended Chief Fournier for his efforts in attaining this grant.
________________________________________________________________________


3. Discussion on Holiday Hours.
Mr. Olmstead advised that he surveyed surrounding communities and learned that they are planning to close their offices the day before Christmas and some will have reduced hours on the Monday before New Year’s. He is recommending that Municipal buildings be closed on the Monday before Christmas but remain open on the Monday before New Year’s for folks registering their vehicles, paying taxes, etc. He will begin advertising the closure tomorrow. There was Council consensus that the Town Office should be closed on December 24.



4. Informational Exchange

Councilor Migliaccio pointed out that he provided a letter to Councilors regarding school consolidation. He sent it to Representative Webster. If anyone wants to sign on, send it to Representative Webster. He will send a copy to the School Committee.

Councilor Beaulieu advised that the County voted on its budget last night. The Budget Advisory Committee came in with a somewhat 5.5% overall increase but the Commissioners didn’t like it and went to 6.3%. They used up their $300,000 in savings in health insurance to offset the increase in budget. They cut the Treasurer’s salary back to $5,000 and made a few other changes. She has exact figures at home and asked that the Council not quote her figures tonight.

Councilor Muldoon explained that he is the liaison to FEDC and attended a meeting last week. There is considerable support for the Chamber of Commerce proposal and hope that it moves forward. He also noted there is considerable need for fuel assistance in our community this year and we should be aware of it. Mr. Olmstead added that we are seeing record numbers at our General Assistance Department seeking help with fuel.

Councilor Cassida noted he is Chair of the Ordinance Committee and found a lot of fireworks ordinances across the U.S., but not in Maine. He will report on them at the next meeting and the Council can discuss them.
______________________________________________________________________________

MOVED AND SECONDED: To adjourn at 10:45 p.m. (Beaulieu & Migliaccio)
VOTE: (5 Ayes) (2 Excused—Bishop & White)


Respectfully Submitted,



Sharon Coffin
Council Secretary