02/14 -
MINUTES
FREEPORT TOWN COUNCIL MEETING #03-08
COUNCIL CHAMBERS
February 5, 2008 – 7 p.m.
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 7:10 p.m. He apologized for starting late because of a Municipal Facilities meeting and took roll call.
FIRST ORDER OF BUSINESS: To waive the reading of the Minutes of Meeting #3-08 held on January 22, 2008 and accept the Minutes as printed.
MOVED AND SECONDED: To waive the reading of the Minutes of Meeting #3-08
held on January 22, 2008 and accept the Minutes as printed. (Bishop & White)
VOTE: (7 Ayes)
SECOND ORDER OF BUSINESS: Announcements
There were no announcements.
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. (White & Bishop) VOTE: (7 Ayes)
There were no public comments.
MOVED AND SECONDED: To close the Public Comment Period. (Migliaccio & Muldoon) VOTE: (7 Ayes)
FOURTH ORDER OF BUSINESS: To take action on the following items of business as read by the Council Chairperson.
ITEM #20-08 To consider action relative to adopting the February 5, 2008 Consent Agenda.
BE IT ORDERED: That the February 5, 2008 Consent Agenda be adopted. (White & Bishop)
Chair DeGrandpre reviewed the items on the Consent Agenda for members of the public. He thanked
residents that have made generous donations for fuel assistance.
ROLL CALL VOTE: (7 Ayes)
ITEM #21-07 To consider action relative to a proposed amendment to the Administrative Code concerning Solid Waste/Recycling Committee Membership (Chapter 2)
(Public Hearing).
MOVED AND SECONDED: That the Public Hearing be opened. (Beaulieu & White)
VOTE: (7 Ayes)
Chair DeGrandpre explained that the Board size is being legally reduced to five members and a quorum
to conduct official business shall consist of at least three members.
MOVED AND SECONDED: That the Public Hearing be closed. (Beaulieu & White)
VOTE: (7 Ayes)
BE IT ORDERED: That the proposed amendment to the Administrative Code be approved. (Beaulieu & Bishop) ROLL CALL VOTE: (7 Ayes)
ITEM #22-07 To consider action relative to a proposed amendment to Street Excavation Ordinance, concerning highway entrance permit performance guarantees. (Chapter 15)
BE IT ORDERED: That a Public Hearing be scheduled for March 4, 2008 at 7:00 p.m. in the Town Hall Council Chambers to discuss a proposed amendment to the
Street Excavation Ordinance concerning highway entrance permit performance guarantee.
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 & White)
Chair DeGrandpre explained the amendment and Mr. Olmstead answered questions for Councilors.
ROLL CALL VOTE: (7 Ayes)
ITEM #23-07 To consider action relative to a petition for Discontinuance of the Town Way being the former location of the Wolfe’s Neck Road.
BE IT ORDERED: That a Public Hearing be scheduled for March 4, 2008 at 7:00 p.m. in the Town Hall Council Chambers to review a petition, from Louise Grant, for the Discontinuance of the Town Way being the former location of the Wolfe’s Neck Road.
BE IT FURTHER ORDERED: That in accordance with Title 23 Section 3026 M.R.S.A. notice of the hearing be given to abutting property owners and the Planning Board, and that a Discontinuance Order be filed with the Town Clerk.
(Cassida & Bishop)
Chair DeGrandpre noted that information is in Councilors’ packets, which also contains a plan view.
ROLL CALL VOTE: (7 Ayes)
ITEM #24-07 To consider action relative to establishing a Freeport Fuel Fund.
BE IT ORDERED: That a fuel fund be established to accept donations for fuel assistance for qualified Freeport residents.
BE IT FURTHER ORDERED: That the fund be administered by the Freeport General Assistance office. (Migliaccio & Muldoon)
Mr. Olmstead explained that a number of communities have established fuel funds for folks that are
having difficulty paying for fuel. Donations have come in over the past few months to help Freeport
residents. Johanna Hanselman will require that folks prove a need exists and will make an award from
the fund. Her guidelines will not be as stringent as General Assistance guidelines. This fund will be
advertised on the Town’s website, on cable and a press release will be placed in the newspapers.
Donations will be tax deductible.
ROLL CALL VOTE: (7 Ayes)
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Mr. Olmstead explained that the Elders’ mini-bus is in need of significant repair and they have submitted
an application for a CDGB grant to purchase a replacement mini-bus. They submitted the application
stating that the Council endorsement would follow.
MOVED AND SECONDED: To introduce an item not on the printed agenda. (Beaulieu & White) VOTE: (7 Ayes)
ITEM #25-08 – To Consider Action Relative to endorsing a Community Development Block Grant Application to purchase a min-bus for use by the Freeport Elders.
BE IT ORDERED: That a Community Development Block Grant Application in the amount of $48,000 to purchase a mini-bus by the Freeport Elders be endorsed. (White & Beaulieu) ROLL CALL VOTE: (7 Ayes)
PROJECT DESCRIPTION:
The Town of Freeport is requesting funds so the Freeport Elders can purchase a min-bus to transport
Elders that don’t or can’t drive. Rides are provided to elders for shopping, entertainment, education and
medical necessities. The Elders purchased a used bus in 1989; that bus is in need of significant repairs
beyond what is financially feasible for the Elders organization. The transportation program has been
suspended until a new bus can be purchased. The Elders will use the sale of the used bus and funds raised
by the Elders as the required match. NOTE: No local funds will be used.
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OTHER BUSINESS:
1. State Legislative Update.
Senator Edmonds and Representative Webster provided an update on items that are in process such as School Consolidation, the budget hole, Medicaid, jails, Downeaster, shellfish issues, etc. Senator Edmonds noted that L.D. 1932 would be tabled and then broadly observed. She expects amendments will be made. Voting on school issues has a timing problem and this needs to be fixed. They are working on developing emergency legislation. Discussion followed.
Councilor White noted that the group, calling themselves Freeport Families for Better Education, do not represent all families in Freeport. Councilor Cassida pointed out that Councilor Migliaccio will be speaking for himself regarding this group and will not be speaking for the Town.
Councilors thanked Senator Edmonds and Representative Webster for their updates.
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2. Discussion on request to endorse Freeport Creative Arts (FCA) as a Town Committee.
Kathleen Meade explained Creative Economy as a worldwide movement to the Council and that creative enterprises have long been a part of Freeport. They are an important component of a tourist destination. Freeport Creative Arts has 45 members from Freeport, Pownal and Durham and they would like to be endorsed by the Council. They would like a link to the Town’s website. Discussion followed.
Councilor Muldoon congratulated Ms. Meade and Ms. Slocum for their involvement in the Creative Economy movement and noted that many creative people reside in our community. He asked what implications would be entailed by an endorsement. Mr. Olmstead noted that this group is similar to the Freeport Community Improvement Association where the Town endorses their work. Mr. Olmstead recommended that Ms. Meade sit down with him and Stephanie Slocum to put together the structure resolution that would help them the most. They could then take it to their group for fine-tuning and then bring it back to the Council on March 4. Ms. Slocum can talk to Bob Konczal to make sure the committee gets added to the Town’s website when the new one comes on line in about a month. Councilor Beaulieu brought up the Comprehensive Survey and asked if the Creative Economy was mentioned. Councilor Migliaccio noted that there was some mention in the survey about creative arts. Councilor Beaulieu noted that discussions have been taking place about the Chamber and this appears to be another arm. Mr. Olmstead suggested that Ms. Meade’s group should also get on the agenda for Comprehensive Planning with the Town Planner. Councilor Migliaccio asked about a Governance Structure and Ms. Meade offered to bring back a copy of their bylaws.
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3. Review Proposed Management Plan for Soule Park.
Ethel Wilkerson of the Conservation Committee explained how they came up with the Management Plan.
She noted that on page 7, the first bullet should be changed to read: No unauthorized improvements
Ms. Wilkerson thanked the Friends of Soule Park for all their efforts. Councilor Muldoon met with Ms.
Wilkerson last week and is really impressed with the people that are involved. He referred to the survey
that indicated the public’s wide support for conservation of space.
Councilor Migliaccio thanked Mary-Eliza Wengren for all her hard work as well as her assistants. There
was Council consensus that the Management Plan could be adopted tonight. Mr. Olmstead noted that this
has been discussed.
On page 3, Councilor Bishop suggested removing “and the rectangular area adjacent to the public parking
area behind the school building.” from the first sentence in 3 on page 3.
MOVED AND SECONDED: To remove from page 3, from 3. “and the rectangular area adjacent to the public parking area behind the school building.” (Bishop & Beaulieu) VOTE: (7 Ayes)
MOVED AND SECONDED: To change the first bullet on page 7 to read:
no unauthorized improvements. (Cassida & Beaulieu) VOTE: (7 Ayes)
Item #26-08 To consider action relative to adoption of the proposed Soule Park Management Plan.
BE IT ORDERED: That the proposed Soule Park Management Plan be adopted as amended. (Bishop & Cassida) ROLL CALL VOTE: (7 Ayes).
Councilors thanked everyone for all their good work.
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4. Discussion on appointments to the Maine Service Center Coalition.
Mr. Olmstead explained that Freeport is a member of the coalition. They meet four times a year in Augusta City Hall. There may be a fifth annual meeting. He has been serving as an alternate and is willing to continue to serve as the alternate but a representative is needed. Councilor Migliaccio offered to serve as the representative.
MOVED AND SECONDED: To appoint Joe Migliaccio as the representative and Dale Olmstead as the alternate to the Maine Service Center Coalition (Bishop & Cassida) ROLL CALL VOTE: (7 Ayes)
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5. Update on School Consolidation.
Councilor White noted that he does not have anything new to report but they are meeting every other week. The Freeport RPC met last night and Fred Palmer provided an update on where he believes we are going. The Financial Subcommittee hasn’t had an opportunity to discuss it further. They are moving forward. The Choice issue has been discussed and it is not an action item for the Consolidation Committee. Pownal and Durham are moving forward to share feedback with their groups. The Education Committee has two more meetings before reporting out. They will provide the educational benefits information. He will have cost sharing information at the next Council meeting.
6. Discussion on No Idling Policy.
Councilor White had a conversation with a District 2 constituent regarding the No Idling Initiative. This individual requested that we put a sign up at the bus parking lot near the white barn since he has observed buses idling there during the summer. Discussion followed. There was agreement that this is worthy of discussion. Councilor Bishop noted that we have no municipal policy to enforce these signs but she has no objection to putting up the sign. She has observed a car idling at Bow Street Market daily. Councilor Muldoon noted that this is the right thing to do. Chair DeGrandpre suggested discussing this with the merchants to determine if they would like signage for their parking lots. Mr. Olmstead offered to contact Joan Saxe for signage tomorrow. Councilor Migliaccio mentioned that the signs could be more educational and Councilor White mentioned that he would like to invite Joan Saxe back to provide an update on where the signs are and find out how they feel they have fared.
7. Update from the Ordinance Committee on US Route 1 South Commercial Zone Discussions.
Councilor Cassida refreshed everybody’s memory on the two major issues that arose—one was setback/screening and the other was curb cuts. The Ordinance Committee met last week and discussed the curb cut issue. There was good discussion and they came up with a reasonable recommendation, which he will report back. He has been working with the Planning Board and Donna Larson addressing the setback/screening issue. The Planning Board will be making a recommendation on this issue.
Councilor Beaulieu has asked the Ordinance Committee to look into additional items of concern and he would like to find out if the full Council is interested in tasking the Ordinance Committee to look at these additional items. The two items are the inclusion of the word “shall” rather than “ may” and the exclusion of doors on the front of buildings on Route One South. He did not recall having any conversation about these two items initially. He asked if there is consensus for the Ordinance Committee to look at this. Councilor Beaulieu was under the impression that the Council was sending the whole ordinance to the Ordinance Committee and not just two issues. She feels there is still work to be done by the Ordinance Committee or the Council can wait until the Planning Board sends it back. There are some landowners on U.S. Route One that have problems with the square footage requirements. There is sewer and water on U.S. Route One South but more things can be done on U.S. Route One North. It doesn’t make sense to her. Councilor Cassida does not feel that the Ordinance Committee is the body that needs to look at density issues. It does not do planning. If the Ordinance needs reworking, the Planning Board should do it.
Mr. Olmstead noted that the Council has a workshop scheduled with the Planning Board next week where it plans to discuss U.S. Route 1 South. More discussion followed. Mr. Olmstead offered to ask the Town Planner to be prepared to talk about these issues.
Paul Koziel with CPM Construction Company and Eldon Morrison noted that these issues are
important to them. He asked which meetings they should plan to attend. Mr. Olmstead explained that
the workshop with the Council and Planning Board next Tuesday will begin at 8 p.m. Mr. Koziel
requested a copy of the most updated version of the draft.
8. Informational Exchange.
Councilor Migliaccio reported that the Municipal Facilities Committee met this evening and focused on
meeting with the Freeport Housing Trust and Habitat For Humanity to discuss their vision of acquiring
some town-acquired property. The committee discussed and voted to bring to the Council a
recommendation for its consideration to gift a piece of land to the Freeport Housing Trust that is across
the gully on the West Street property to enable them to build out the affordable elderly housing. They
will seek Council’s approval. It is valued at $18,000 but the only way to get to it is to build a bridge over
the Town property or come through the Oak Leaf property.
Councilor Beaulieu noted that the Trust will be paying taxes but she does not feel there is much value to
Freeport taxpayers since we can’t build anything there. She pointed out there should be some monetary
payment and the Trust should be required to pay for all the legal costs. Councilor Migliaccio noted that
the Town Manager will be sitting down with the group to discuss his thoughts.
Mr. Olmstead noted that the Freeport taxpayers have $80,000 in uncollected back taxes and legal fees
In this property and it is important to recoup some of it. It is difficult to place a value on the parcel that
abuts the Housing Trust land since the only value is to the abutter. Requesting $5,000 for the acquisition
of the property is not unreasonable and it is below market price. It would afford the Housing Trust to take
a $12,000 credit between the Assessor’s value and the acquisition price. It will return some money to the
taxpayers. All legal fees will be borne by the Housing Trust. He will throw out the $5,000 number and
will bring wording back to the Council. He and Jim Hatch will bring a proposal on March 4 for
Council approval.
Chair DeGrandpre mentioned that the Habitat for Humanity folks shared their thoughts, plans and the
discussed their on-going projects.
Councilor Migliaccio reminded residents that this summer the Committee would be organizing some type
Of neighborhood meeting in the West Street/South Freeport Road zone because there is tax-acquired
property that can be used for residential development. The committee is interested in hearing from the
neighborhood.
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MOVED AND SECONDED: To adjourn at 9:20 p.m. (Cassida & White) VOTE: (7 Ayes)
Respectfully Submitted,
Sharon Coffin
Council Secretary
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