03/27 -
To be approved at the April 1, 2008 Town Council Meeting
MINUTES
FREEPORT TOWN COUNCIL MEETING #05-08
COUNCIL CHAMBERS
MARCH 18, 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 (arrived at 7:03 p.m.)
Bill Muldoon, 2 Roos Hill Drive x
Frederick White, 45 Pleasant Hill Road x
Chair DeGrandpre called the meeting to order at 7 p.m. and took roll call. He noted that Councilors Beaulieu and Cassida are excused this evening but Councilor Migliaccio should be arriving shortly.
FIRST ORDER OF BUSINESS: To waive the reading of the Minutes of Meeting #04-08 held on March 4, 2008 and accept the Minutes as printed.
MOVED AND SECONDED: To waive the reading of the Minutes of Meeting #04-08 held on March 4, 2008 and accept the Minutes as printed. (Bishop & White) VOTE: (4 Ayes) (2 Excused—Beaulieu & Cassida) (1 Abstention—Migliaccio)
SECOND ORDER OF BUSINESS: Announcements
Chair DeGrandpre announced that the Freeport Lioness-Lions Club would be holding their 22nd Annual variety show on Saturday, March 29 at 7 p.m. at the Freeport Performing Arts Center. It is a great opportunity to see neighbors and friends.
The Maine Clammers Association is having a public Clam Chowder Supper on March 29 at the Masonic Lodge to promote clean water and Maine clams. There will be two seatings—5 p.m. and 6:15 p.m. and American Chop Suey will also be available. Tickets must be purchased in advance from the individuals listed on the Town’s website as well as Bella’s Sub Shop on South Street.
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) (White & Bishop) VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
There were none.
MOVED AND SECONDED: To close the Public Comment Period on Non-Agenda Items) (White & Bishop) VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
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FOURTH ORDER OF BUSINESS: To take action on the following items of business as read by the Council Chairperson.
ITEM #36-08 To consider action relative to adopting the March 18, 2008 Consent Agenda.
BE IT ORDERED: That the March 18, 2008 Consent Agenda be adopted. (White & Migliaccio)
Councilor White asked about the total of donations received on the Freeport-Yarmouth Fuel
Fund to date. Chair DeGrandpre advised that $5,400 has been received. Mr. Olmstead noted
that there are people in this community having to make the choice between purchasing food or
heat. If anyone can help people stay warm, he urged them to consider making a donation to this
fund.
Councilor Bishop pointed out that the address for Liz Bell at the Stone House on the Victualer’s
Licenses should be 642 Wolfe’s Neck Road, not 6421 Wolfe’s Neck Road.
ROLL CALL VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
ITEM #37-08 To consider action relative to the approval of an Alcoholic Beverage License for Freeport Cabaret, LLC. Public Hearing.
MOVED AND SECONDED: That the Public Hearing be opened. (Bishop & White) VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
There were none.
MOVED AND SECONDED: That the Public Hearing be closed. (Bishop & Migliaccio) VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
BE IT ORDERED: That the following application for an Alcoholic Beverage License be approved:
Charles Roper d/b/a
Freeport Cabaret
5 Depot Street (Bishop & Migliaccio) ROLL CALL VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
Mr. Roper extended his appreciation to everyone in Town for all their support.
ITEM #38-08 To consider action relative to adopting a Five Year Capital Plan and approving a
Capital Budget for Calendar Year 2007. PUBLIC HEARING
MOVED AND SECONDED: That the Public Hearing be opened. (Migliaccio & Bishop) VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
Chair DeGrandpre pointed out that Department heads are here tonight and he encouraged Councilors to listen and jot down their questions. A workshop will be held next week.
Mr. Olmstead mentioned that he would not be discussing the School budget tonight. He referred to Article II— Police Department. They are asking for $47,000 for the Police Communication upgrade and Fire/Rescue is asking for $95,000 for their communication upgrade. It was talked at great length last year and the council deferred the request to this year. The Fire Department is also requesting funds to refurbish a fire engine and to replace some protective clothing.
In Article V—Public Works is asking for $50,000 for some new pumps and computer system for the Fuel Depot and to sand blast and paint four dump truck bodies. Mr. Plummer answered questions for Councilors.
The Recycling folks are asking for $40,000 to complete their paving project, which was cut out of the budget last year.
Under Town Improvements, we are proposing to make $23,000 in improvements to the Desert Road, Route One to Hunter Road Intersection—Town Share of PACTS. The reconstruction of East Street and Park Street is a full-depth reconstruction and is in this year’s budget because the work needs to be done. There are drainage issues to be resolved on Sequoia Drive. The Burnett Bridge replacement bid came in at $330,000. The Council will send this out to the voters. Our bidding packet called for a winter replacement.
The Village TIF money will improve a sidewalk from West Street to Holbrook Street. We also need a snow blower to remove snow on Main Street.
Article 9 – covers computer upgrades in Town Hall as well as carpeting, flooring replacements and counter refinishing. and improving the winterization of our buildings. Mr. Olmstead noted the need for improving the winterization of our buildings such as more insulation in the attic and window coverings for Town Hall. He would start with Town Hall and then move on to the Public Safety Building and then the Library.
The Assessor is asking for map upgrades but Mr. Olmstead cut this request out of the budget. He also cut the computer lab upgrade at the Library.
Cable funds cannot be used for any other purpose. Rick Simard is asking for money to make some improvements. Councilor Migliaccio mentioned remote access and outside workshops that need coverage.
The Harbor Master is asking for a boat replacement and Greg L’Heureux is asking for funds to join a consortium of 15 communities in New England to measure performances. The project will start in May and it is a 3-year process.
Mr. Olmstead referred to the Summary page and noted this is our proposal. Not all items will be funded, they never are. The Council will have to determine our needs over the next couple of weeks and whether we can afford them. Repairs to the Middle School will have to go to the voters. He mentioned that this is a great time to bond. The Burnett Bridge will also have to be bonded. Some of our reserve monies are invested in equities and they have not been doing well as of late. He warned that there would be significant challenges in adopting an operating budget this year. Our revenue stream is not growing and no one is building houses.
Elaine Tomaszewski, Superintendent, noted that Diane Boucher and Dennis Ouellette are also here this evening. She went through the list of items being requested:
• Technology upgrades
• Networking equipment
• Wiring project upgrade for West Street
• Two mowers to mow the fields and school grounds
• 78-passenger bus
• Installation of reclaim in the High School back parking lot
• Classroom furniture replacement of desks, chairs and tables
• Heating system upgrade for the Middle School
• Window replacement in the High School All Purpose Room
• Morse Street School paving of the entry way, parking lot and path to playground
• High School carpet replacement which is bubbling up
• Upgrade outside lighting at all four buildings
• High School Program and Facilities Study
• Resolve wiring issue at the High School with outdated circuit breakers and boxes inappropriately placed,
• Middle School outside wall repair, roof replacement and overhang—they applied for a State loan and 30% of the cost will be forgiven and the remainder will be at 0% interest to be repaid in five years.
• Project Adventure Course needs to be repaired,
• Middle School portable classroom for chorus and band.
Chair DeGrandpre invited members of the public to provide their comments. Raymond Smith of the Fire Department spoke in support of the Communications upgrade for the Fire and EMS personnel. Lynn Heinz provided to Mr. Olmstead a petition that volunteers asked people to sign while visiting the Burnett Bridge. She requested that the Council allow the whole town to vote on this issue. The timing of putting this out to vote in June versus November was discussed and Mr. Olmstead explained that bridge builders were asked to bid on a winter replacement and a very reasonable bid was received from a local company for winter replacement. This particular construction company explained that they could not do the work this summer.
In support of replacing the Burnett Bridge were: Tim Kittridge, Executive Director of the Wolfe Neck Farm, Gar Roper of Merganser Drive, Ken Segal of Lower Flying Point Road, Susie Pike from the corner of Burnett Road and Lower Flying Road, Joan Campbell of Byram Avenue, Sally Smith of Wolfe Neck Road, Kim Mason of 15 Flying Point Road and Chris Tanguay, a non-resident.
Rod Regier, taxpayer, asked the Council to look at the capital budget and the operating budget carefully. He is concerned about bonding too many items and urged the Council to deal with items such as school desks by paying for them even though it is so easy to bond at today’s low rates.
Andy (Mitch) Mitchell of 54 Pleasant Hill Road, an employee of Wolfe Neck Farm, shared his views on the bridge. He pledged $500 of his own money to help replace the bridge.
MOVED AND SECONDED: That the Public Hearing be closed. (Migliaccio & White) VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
BE IT ORDERED: That item #38-08 be tabled until April 1, 2008.
(Migliaccio & Bishop)
Chair DeGrandpre suggested that support of the bridge and the timing be moved to Municipal Facilities on the 26th. Councilor White noted that the Council asked the Town Manager to move forward at its last meeting in discussions with the farm and he did not understand the need to move to committee. Councilor Muldoon noted that there is strong Council support and the bids are already in place and the bridge would be replaced in the winter after the vote is taken. He feels strongly that the best opportunity for town-wide support would be November. Councilor Bishop pointed out that June would not provide much time for generating support for this bridge. She noted the lack of attendance by Townspeople from other areas of Freeport tonight.
Councilor Migliaccio noted that if people feel passionately about helping to fund the bridge, it would help the cause.
ROLL CALL VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
ITEM #39-08 To consider action relative to proposed amendments to the Traffic and Parking
Ordinance concerning One Hour Parking Zones on Depot Street. (Chapter 48) PUBLIC
HEARING.
MOVED AND SECONDED: That the Public Hearing be opened. (Muldoon & White) VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
Chair DeGrandpre explained the amendments. Kevin McPhelim of Wildflower on Depot Street
noted that he supports these amendments.
MOVED AND SECONDED: That the Public Hearing be closed. (Migliaccio & Bishop) VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
BE IT ORDERED: That the proposed amendments to the Traffic and Parking Ordinance be approved. (Muldoon & Bishop) ROLL CALL VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
ITEM #40-08 To consider action relative to releasing a certain way listed on Attachment A1 of
the Notice to Extend Deadline of Automatic Vacation of “Paper Streets” as recorded in the
Cumberland County Registry of Deeds at Book 13338, Page 83 pursuant to 23 MRSA §3032, of
such notice.
BE IT ORDERED: That pursuant to 23 MRSA §3032 the municipal offices of the Town of Freeport hereby vote to release an area listed on Attachment A-1 of the Notice to Extend Deadline of Automatic Vacation of “Paper Streets” as recorded in the Cumberland County Registry of Deeds at Book 13338, Page 83, specifically the area off Desert Road shown on Tax Map 22 Lots 16-3 and 16-7 abutted by the property of Merriconeag Waldorf School. (White & Bishop)
Mr. Olmstead explained that the Legislature passed a law in 1998 that said that paper streets that
had not been built out would all disappear unless towns identified them and preserved their
rights. The circumstances surrounding this particular paper street have changed. The lot stands
behind the School and the property is no longer land locked. The School wants it taken off the
paper street list. Discussion followed.
ROLL CALL VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
ITEM #41-08 To consider action relative to the appointment of a Freeport Tree Committee.
BE IT ORDERED: That a Freeport Tree Committee be established for the purpose of reviewing public properties for the need of tree improvements and plantings and establishing education programs on forestry practices.
BE IT FURTHER ORDERED: The Freeport Tree Committee is authorized to apply for Canopy Grants through the Department of Conservation’s Maine Forest Service and the Pine Tree State Arboretum.
BE IT FURTHER ORDERED: That the following be appointed as members of the Freeport Tree Committee:
Name Affiliation
Suzanne Umland Conservation Commission
Nancy Fischman L.L. Bean
Susan Scherbuliez South Freeport Resident
Dennis Ouellette Freeport School Department
Greg L’Heureux Freeport Finance Director
Judy Hamlin Freeport Community Improvement Association
Bill Muldoon Town Council
(Bishop & White)
Chair DeGrandpre pointed out that if anyone has an interest in serving on this committee, they should contact Greg L’Heureux. Mr. L’Heureux explained why this ongoing committee is being set up. There is no end date. Discussion followed.
ROLL CALL VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
OTHER BUSNESS:
1. Update on School Consolidation.
Councilor White provided the most current timeline for the RPC. He noted that Councilors are invited to a meeting in Durham tomorrow night for Selectmen and Town Councilors and he is hoping for some representation there. The meeting will be taped. It will provide an opportunity for questions and answers. He explained that they had a public session in Freeport and Pownal last week and tonight there is one in Durham. Discussion followed.
2. Information Exchange
Chair DeGrandpre advised that he met with mayors and chairs from Service Centers.
When he looked at the agenda, he was not sure where they would go but at the end of the meeting, he was surprised at where they got. The large item they will move forward is to discuss a local option sales tax or a statewide tax. This is something that would be collected by the State and returned to the town. Typically we don’t get treated well for cost sharing in education, etc. The group is developing some language for a resolution to go to the Legislative body. They are hoping to schedule a meeting with the Legislature and then would like to meet with the Governor. He mentioned the challenges in road turn backs and he noted Route 136 and Route 125. There will be e-mails circulated as soon as he gets a copy of the language. Mr. Olmstead advised that the State Legislature would have to establish a local sales tax of one cent for property tax relief and the money would have to be targeted for this. He recalled an initiative that was led back in 1984/1985. More discussion followed.
MOVED AND SECONDED: To adjourn at 9:33 p.m. (Bishop & Muldoon)
VOTE: (5 Ayes) (2 Excused—Beaulieu & Cassida)
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Respectfully Submitted,
Sharon Coffin
Council Secretary
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