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October 28, 2022
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Flagpole park’s for-profit status questioned; moratorium eyed
by RJ Heller

 

     It was a packed house at the Columbia Falls select board meeting on October 24, as representatives for the Flagpole of Freedom Park (FFP) attended for the first time. Plans for the park were first unveiled in March. Since then the select board meetings have focused considerable time on acquiring much-needed information to bring an annexation vote to the town.
      Rob Worcester and FFP attorney Tim Pease were given the opportunity to provide an update as well as address why information about the project has been slow in coming.
      "We have had a number of veterans organizations that we approached to invest in the project from the beginning push back due to the 'for-profit' financial structure of the park," said Pease. "The 'for-profit' plan was a shock to the veteran groups and has caused us to slow things down."
      Rob Worcester then reiterated that he still firmly believes the town is strongly supportive of the project. When asked the status of the boundary line survey that then town attorney Roger Huber advised was almost complete over a month ago, Worcester said it would not be ready until the end of the year. Worcester also added, "This is not a two-year project but a 15-year project."
      Back in early August, Worcester Holdings requested that a pause be taken in the town's due diligence work for an annexation vote. The reason for the pause was that they were reevaluating the project. "Our request to Columbia Falls provides us the opportunity to continue exploring new and exciting partner relationships that could impact the layout of some park features," said Worcester. "We do expect to have a more definitive annexation timeline within the next couple of weeks." To date a revised timeline has not been offered by Worcester.
      The $1 billion project to build in four years the Freedom Flagpole Park that would encompass a 2,500-acre footprint within the town of Columbia Falls remains in limbo. The town continues to seek information relative to a future vote to annex approximately 10,400 acres, which a law signed by Governor Mills on April 18 permits. If the town approves annexation, that would bring the land Worcester owns in the unorganized territory into the coffers of the town's tax base. Columbia Falls, instead of Maine Land Use Planning Commission, would then provide oversight and planning on the entire FFP project.
      The overall mood of the meeting felt both cautious and apprehensive, said one attendee. There were a number of others who commented on the need for better transparency regarding the FFP project, with one person stating for Worcester to be a "better partner" in providing the information that is needed for the town to make an informed decision.

Moratorium eyed
      Given that need for information, the select board and planning board have requested their legal team to begin preparing a moratorium on certain large-scale commercial development. "If adopted by the voters, the moratorium would give the town time to evaluate what local regulations are necessary and appropriate to address anticipated impacts of such development," says Aga Dixon, an attorney for the town. A moratorium typically is six months in length, with an option to extend for an additional six months.
      Over the last three months the select board has made changes to its legal representation for the town as well as drafted a number of documents with regards to the FFP project. Attorneys Aga Dixon and Amanda Methot have replaced attorney Roger Huber, who had been the sole representation for the town and the FFP project. Dixon is working directly with the select board, and Methot is working with the planning board.
      The documents include an order that authorizes the town's treasurer to deposit funds received from Worcester Holdings and to use those funds to pay for consultant and legal fees authorized by the select board as it pertains to the FFP project.
      The second document is a resolution outlining the board's commitment to the town with regards to the FFP project, ensuring that the voters of Columbia Falls are fully informed about the annexation proposal and its impact on the community before casting their vote, and that the costs of the town's evaluation of those impacts are not shouldered by the taxpayers.
      And a third is a revised payment agreement for fees and costs associated with the FFP project that has been submitted to Worcester for review. "The form payment agreement that the select board adopted would require Worcester to pay for the town's actual fees and costs of evaluating the annexation proposal," says Dixon. "As part of that payment obligation, Worcester would deposit $150,000 and the town could draw on that initial payment to offset its costs."
      It was previously reported that Worcester Holdings will not sign a cost agreement with the town while the town is still evaluating the project, and the escrow amount again received pushback from Worcester during the October 24 meeting. When asked by Dixon about the status of the new payment agreement, Pease said, "Until we get our governing structure in place for various parts of the FFP, we cannot begin to move forward."
      The Columbia Falls select board's next meeting is set for Monday, November 14, at 7 p.m., and the next planning board meeting will be November 15 beginning at 6:30 p.m.

 

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