03/13 -
MINUTES - To be approved at the March 18, 2008 Town Council Meeting
FREEPORT TOWN COUNCIL MEETING #04-08
COUNCIL CHAMBERS
March 4, 2008
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 and took roll call.
FIRST ORDER OF BUSINESS: To waive the reading of the Minutes of Meeting #03-08 held on February 5, 2008 and accept the Minutes as printed.
MOVED AND SECONDED: To waive the reading of the Minutes of Meeting #03-08 held on February 5, 2008 and accept the Minutes as printed. (White & Beaulieu) ROLL CALL VOTE: (7 Ayes)
SECOND ORDER OF BUSINESS: Announcements
Chair DeGrandpre announced that the Freeport/Yarmouth Fuel Assistance Donation Fund administered by the Freeport/Yarmouth General Assistance Office has been established by the Council to assist people that are having a hard time meeting their heating needs due to the high cost of fuel. He thanked everyone that has already contributed and urged others to consider making a donation.
The concert by a music group scheduled to perform last Saturday at a private home in Freeport to raise funds for fuel assistance was cancelled. It may be rescheduled in May. People may call 865-4019 for more information.
The Appointments Committee is looking for residents to serve on Town Boards and Committees. If anyone has an interest, they can fill out an application on the Town’s website or come into Town Hall.
The Freeport Lioness Club will be holding their Annual Variety Show at the end of the month. More information will be provided at the next meeting.
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 & Beaulieu) VOTE: (7 Ayes)
MOVED AND SECONDED: To close the Public Comment Period on Non-Agenda Items Only. (White & Beaulieu) VOTE: (7 Ayes)
Presentation of the Citizen of the Year Award
Vice Chair Bishop, serving as Chair of Special Projects, presented the Citizen of the Year Award to Dr. Jonathan Strout and his practice of Freeport Dental Associates for providing dental care to more than 500 children in the Freeport School District regardless of their ability to pay, through the Freeport School Dental Health Program.
Dr. Strout was presented with a plaque and flowers were presented to Sandra Cashman, Kathy Sundin, Lisa Clark, Brenda Krueger, Elizabeth Ouellette, Mary Taylor and School Nurses Brenda White and Barbara Chisholm. Johanna Hanselman was thanked for all her help. A reception followed.
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FOURTH ORDER OF BUSINESS: To take action on the following items of business as read by the Council Chairperson.
ITEM #26-08 To consider action relative to a petition for Discontinuance of the Town Way being the former location of the Wolfe’s Neck Road. PUBLIC HEARING
MOVED AND SECONDED: That the Public Hearing be opened. (White & Beaulieu) VOTE: (7 Ayes)
There were no public comments.
MOVED AND SECONDED: That the Public Hearing be closed. (Beaulieu & Cassida) VOTE: (7 Ayes)
BE IT ORDERED: Pursuant to the provisions of Title 23, Section 3026 of the Maine Revised Statutes, a portion of a town road known as the former location of the Wolfe’s Neck Road, is hereby discontinued. The discontinued portion is more fully described in Exhibit A attached hereto.
That section of the way as shown on a Maine Department of Transportation Right of Way Map entitled, State Aid Highway No.2, Freeport, Cumberland County, dated June 1965, on file in the Office of the Maine Department of Transportation, at its Office in Augusta, File No. S-3-292, that lies northwesterly of the present location of Wolfe’s Neck Road.
No public easement shall be retained.
A copy of this Order has been given to Mark Dorsey, Greg Mann, Louise Grant, Kenneth Mann, and Linda McGill, abutters to the portion of the town road discontinued, and to the Planning Board. A copy has also been filed with the Town Clerk. No damages shall be paid because abutters have not claimed damages. (White & Bishop)
Chair DeGrandpre noted that this was approved by Traffic and Parking.
ROLL CALL VOTE: (7 Ayes)
ITEM #27-08 To consider action relative to a proposed amendment to the Street Excavation Ordinance, concerning highway entrance permit performance guarantees.
(Chapter 15) PUBLIC HEARING
MOVED AND SECONDED: That the Public Hearing be opened. (Beaulieu & White) VOTE: (7 Ayes)
Chair DeGrandpre explained the amendment. There were no public comments made.
MOVED AND SECONDED: That the Public Hearing be closed. (Beaulieu & White) VOTE: (7 Ayes)
BE IT ORDERED: That the proposed amendment to the Street Excavation Ordinance be approved. (Beaulieu & Cassida) ROLL CALL VOTE: (7 Ayes)
ITEM #28-08 To consider action relative to a resolution supporting Freeport Creative Arts
WHEREAS, Governor Baldacci proclaimed that “The creative economy is a catalyst for the creation of new jobs in Maine communities. People who create jobs want to live in places that have a diverse cultural mix and an innovative and educated work force. Maine will be competitive economically if we continue to capitalize on the synergies between entrepreneurship, education, the arts, and quality of life”; and
WHEREAS, the Town of Freeport is committed to improving the quality of life of its residents as well as job creation and economic development; and
WHEREAS, the Town Council recognizes that direct support of creative economy organizations in Freeport has and will enhance the invaluable contributions that the arts, culture, and history make in a community and to the financial success of local artists while enhancing the brand of Freeport to a more cultural, artistic, and historical destination.
NOW THEREFORE be it resolved the Freeport Town Council in support of the
burgeoning creative and innovative initiatives of local artists, that the Town of
Freeport commits to support the Freeport Creative Arts organization by:
1. Endorsing the Freeport Creative Arts organization
2. Providing a link to the Freeport Creative Arts site on the Town’s website
3. Including the Freeport Creative Arts organization in future comprehensive planning initiatives to ensure arts development in Freeport
4. Designating a Town Council member as a liaison to the Freeport Creative Arts to facilitate communication between the two entities.
5. Supplying Town signatory support as grants are applied for by Freeport Creative Arts. (Bishop & Beaulieu)
Kathleen Meade advised that the organization meets on the first Thursday of each month. She expects there will be lots of shows and events that will take place this summer. Councilor Muldoon is amazed at the amount of creative energy that exists in Freeport and volunteered to serve as liaison. Chair DeGrandpre asked Ms. Meade to provide a list of events that can be announced at the beginning of Council meetings. Discussion followed.
ROLL CALL VOTE: (7 Ayes)
ITEM #29-08 To consider action relative to approving a lease agreement between the Town of Freeport and Falls Point Marine, Inc. for the site located at 3 South Freeport Road, commonly known as the Dunning Boat Yard.
BE IT ORDERED: That the proposed lease agreement dated April 1, 2008 be approved. (Cassida & Bishop)
Chair DeGrandpre and Councilor Migliaccio explained the changes being made to the lease.
Discussion followed. Councilor Beaulieu advised that she would be voting no on this item this
evening. She would like to see a plan to keep this property for Town purposes. She has
constituents that would like to see it used for Town use. Councilor Migliaccio pointed out that
everyone has access to the water at the Dunning Boat Yard.
ROLL CALL VOTE: (6 Ayes) (1 Nay—Beaulieu)
ITEM #30-08 To consider action relative to proposed Contract Zoning Guidelines.
BE IT ORDERED: That the proposed contract zoning guidelines dated February 8, 2008 be approved and included in the Town of Freeport Policy Handbook. (Migliaccio & Bishop)
Chair DeGrandpre explained why the guidelines are being voted on tonight. Unless they are in
place, the Council cannot accept contract zoning applications.
Councilor Cassida pointed out that he is a strong opponent to contract zoning and will be voting
no because he is not in favor of it. He noted that this is good guidance for a bad policy. Councilor
White indicated that he would not be supporting this tonight but appreciates the effort put into
the guidelines. Vice Chair Bishop pointed out that these are guidelines and they can always be
changed. They are a starting point to begin a process. Councilor Beaulieu agreed. Councilor
Muldoon noted that the debate has already been held and he will support the guidelines.
Councilor Migliaccio noted that he voted against contract zoning in the past but will be
supporting the guidelines tonight. He suggested making a few changes. More discussion
followed.
MOVED AND SECONDED: to amend A. 1. by adding: “New revenues resulting from the project shall not be considered a source of public benefit and add 9 to B. Notification prior to Council Public Hearing shall be 1,500 feet or the entire zone, whichever is greater, with the cost to be borne by the applicant. (Migliaccio & Beaulieu) VOTE: (7 Ayes)
ROLL CALL VOTE ON AMENDED ORDER: (5 Ayes) (2 Nays—Cassida & White)
ITEM #31-08 To consider action relative to proposed amendments to the Traffic and Parking Ordinance concerning One Hour Parking Zones on Depot Street. (Chapter 48)
BE IT ORDERED: That the Public Hearing be scheduled for March 18, 2008 at 7 p.m. in the Town Hall Council Chambers to discuss a proposed amendment to the Traffic and Parking Ordinance concerning One Hour Parking Zones on the easterly side of Depot Street.
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. (Muldoon & Cassida)
Chair DeGrandpre explained that Traffic and Parking had discussions on these amendments.
ROLL CALL VOTE: (7 Ayes)
ITEM #32-08 To consider action relative to adopting a Five Year Capital Plan and approving a Capital Budget for Calendar Year 2008.
BE IT ORDERED: That the Public Hearing be scheduled for March 18, 2008 at 7:00 PM in the Town Hall Council Chambers to discuss the adoption of a Five Year Capital Plan and approving a Capital Budget for Calendar Year 2008. (White & Beaulieu)
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. (White & Beaulieu)
Mr. Olmstead noted that he would provide a brief update under “Other Business”. Councilor Beaulieu referred to Article 7 and asked Councilors to take a ride down East and Park Streets.
ROLL CALL VOTE: (7 Ayes)
ITEM #33-08 To consider action relative to awards from the Dr. Gould Trust Fund
BE IT ORDERED: That 15 individuals receive awards from the Dr. Gould Trust Fund totaling $2,020.10 to provide payment of medical expenses. (Beaulieu & Bishop)
Chair DeGrandpre explained that 15 individuals were assisted in these awards.
ROLL CALL VOTE: (7 Ayes)
OTHER BUSINESS:
1.Discussion on Burnett Road Bridge closure.
Mr. Olmstead explained that RFPs have been sent out to eight bridge builders. He provided
information to Councilors and asked them to attach it to their capital budget material. CPM
provided a very attractive proposal at $330,000. This will have to go to the voters either in June
or November but we should indicate to CPM that we are interested in their $330,000 option.
He cautioned about putting a bridge issue versus a school issue on the same ballot. He would
recommend putting this on the November ballot. This bridge is a 60-day project. Members of
the public informed the Council that the bridge has been removed already. Mr. Olmstead had
colored photos of what the bridge would look like. Chair DeGrandpre noted that the Town
Engineer is looking around for a pedestrian walkway but discussions need to take place. Mr.
Olmstead explained that the next three meetings are very important. Discussion followed.
Councilor White asked about cost sharing with other entities such as Wolfe Neck Farm. Mr.
Olmstead advised that he talked to Tim Kittridge about the potential of cost sharing and learned
that they are willing to talk. L.L. Bean does not use the bridge often and is not interested in
participating. Councilor White would like Mr. Olmstead to continue discussions with the Farm.
Other Councilors concurred. Mr. Olmstead advised that CPM’s bid is good through spring of
’09. They are a local firm and have given us a really attractive price. He mentioned that it would
take months to educate the public about the bridge.
Councilor Migliaccio mentioned that FEDC could start looking at reaching out to the farm and
investigating grants or in-kind donations. More discussion followed. There was consensus from Councilors that the bridge should be put out to vote in November.
2. Discussion on returnable bottle collection- Freeport Community Center.
Leslie Livingston explained that FCS has a bin for returnable bottles at the Freeport Community
Center and a bin at the Recycling Center. They hired someone with a flat bed truck to pick up
the bottles but they are looking for another way to manage the returnables. FCS is willing to pay
the Town to haul their bottles to get the benefit of this income. This money goes directly back to
the community. Mr. Olmstead explained that the newsprint deposited in the silver bullets is
now a source of revenue for Eco-Maine. He would like to see separate containers placed near
the silver bullets to collect newsprint to generate income for the Town. He is guesstimating that
three hours would enable a Town employee to collect FCS’s bottles as well as the Town’s
newsprint. FCS is willing to pay for three hours of this employee’s salary. It will take some
thought but Mr. Olmstead is confident it could work and would generate revenue for the Town.
More discussion followed. There was consensus from Councilors to support this effort. If it
becomes unmanageable, the Town Manager will report back to the Council. Mr. Olmstead
suggested that the Council authorize a six-month pilot project and let him generate data and
return and explain our expenses and the net profits. He is not absolutely sure three hours is
correct. If this doesn’t produce the results we are hoping for, they will be back to the Council.
Councilor Cassida advised that Mr. Olmstead and Ms. Livingston should just put it in place and
not bother with the pilot project. There is consensus to get started on it and if it doesn’t work,
Mr. Olmstead and Ms. Livingston will be back.
3. Update on School Consolidation.
Councilor White provided some information to Councilors. The RPC is continuing its work. No
final decisions have been made on cost sharing. Chair DeGrandpre noted that it is critical for the
Council to have some of this information ahead of time. Councilor White indicated that he
would leave it to the RPC.
Councilor Migliaccio asked if there would be an opportunity for open dialogue on the pros and
cons. Councilor White indicated that the answer is yes. The RPC will be meeting on April 2.
Councilor White advised that it is the RPC’s responsibility to take it to the public, not the Town
Council’s. Endorsement will need to be worked out. There will be a lot of discussion around
cost sharing and choice. Everyone involved is looking towards the best interest of our children
and our towns.
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4. Budget
Mr. Olmstead distributed information and focused on the summary sheets. He did not walk
through all the items. He urged Councilors to read through all this back-up information and if
they need any further information, they should contact him. The Superintendent has notified Mr.
Olmstead that the State has agreed to loan us $374,000 interest free for ten years and 30% of the
loan will be forgiven. This will bring the number from $374,000 to $261,800 for the Middle
School repairs. Mr. Olmstead also explained the challenges facing the Council this year. Greg
L’Heureux will provide the debt service schedule to Councilors. Chair DeGrandpre requested
last year’s capital plan as well as a 20-year plan.
Chris Leighton explained that if Councilors have questions, they should contact Elaine
Tomaszewski and Dennis Ouellette. He mentioned that everything on the School’s capital
requests are very visible. He answered questions for Councilors.
4. Information Exchange
Chair DeGrandpre announced that Councilor Migliaccio is on the Maine Service Center
Coalition Executive Board. Councilor Migliaccio asked that it be added as an agenda item for
discussion and dialogue at Council meetings.
Councilor Beaulieu mentioned that the Maine Municipal Association’s delegation is going down
To Washington, D.C. on the 8, 9 and 10 and she will give a copy of the information to Mr.
Olmstead. She reviewed the items of interest such as truck weight limits for Councilors and
noted that she wants everybody to know what Maine Municipal is doing for all of us.
Chair DeGrandpre mentioned an e-mail from Rod Regier concerning the draft from
USFDA. He is frustrated. He should know soon whether they are going to commit the necessary
effort to really review the work of DMR or whether we’re back to Plan “B” to engage our own
reviewer.
Chair DeGrandpre noted an invitation was received to take a look at what is going on at BNAS
on March 24 at 7 p.m. in Brunswick Council’s Chambers.
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MOVED AND SECONDED: To adjourn at 10:30 p.m. (Beaulieu & Bishop) VOTE: (7 Ayes)
Respectfully Submitted,
Sharon Coffin, Council Secretary
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