A nascent petition drive calling for a binding referendum on a 5-cent fee or outright ban on the sale of plastic and paper shopping bags in Freeport may not be necessary.

Leland Arris, elected to the Town Council one month after the council voted for a non-binding referendum on a bags fee, said last week that he favors a council vote on the matter, rather than a public vote. The Oct. 20 Town Council vote was 4-2 in favor of a non-binding referendum on a bag fee or ban, after which the council would vote on the matter.

Councilor Kristina Egan, who was absent during the October meeting, also favors a council vote. Given that Arris succeeded Andy Wellen – who voted for the referendum – a new vote could be 4-3 in favor of the council deciding the issue, if other councilors have not changed their opinions.

Arris said he expects that the Town Council would conduct a public hearing on the bags issue, and then hold a vote to see if the council should decide. Arris favors an outright ban on single-use bags, rather than a fee.

“They know how I stand,” Arris said of his fellow councilors. “I will support either, but I’m in favor of a ban. My philosophy is, I’m a carbon-neutral conservationist and that will guide my vote in public policy. I expect a public hearing, with or without a petition.”

On Jan. 11, a group of Freeport residents met at the Freeport Community Library with Midcoast Bring Your Own Bag of Brunswick/Topsham to brainstorm on the issue. The town’s Recycling-Solid Waste Committee called the meeting, with an eye on a petition drive calling for a binding referendum on plastic and paper shopping bags. Josh Olins, committee chairman, said he would not be a member of a proposed five-member “citizen group” that would gather the petition signatures. Sukie Rice, spokeswoman for the Freeport Climate Action Team, said that volunteers would simply step forward, rather than being appointed. Rice was not at the Jan. 11 meeting.

It remains to be seen if the citizen group will materialize, given that the Town Council might take action on its own well before a June or November referendum.

The Town Council, meanwhile, meeting Tuesday night, after the Tri-Town Weekly publication deadline, was scheduled to vote on a town charter amendment on petition drives. An issue came to light following inquiries as to whether the charter allows for a non-binding referendum. As town officials went over the charter, they discovered that it is not in line with state law on how petition drives should be conducted.

Town Manager Peter Joseph said last week he fully expected the council to vote Tuesday in favor of sending the town charter amendment to a June referendum following a public hearing. The charter amendment would allow petitioners to freely distribute petitions for signatures, rather than submitting them to the town clerk to witness each signing.

“In the charter, residents submit petitions, which stays on the town clerk’s desk and people come in during office hours to sign the petitions,” Joseph said. “In the early 1990s, state law required free circulation of petitions. You walk around town and get people to sign, just like the election process. Our charter was never amended to say that, so this is a conflict between our charter and state election law.”

Joseph said that the conflict was brought to his attention approximately six months ago. The town council discussed the issue during an executive session, and then decided to put the charter amendment vote on Tuesday’s agenda, he said.

“The charter thing came up as a result of the plastic bags issue,” Joseph said. “The charter amendment is not controversial at all; however, the impact is pretty significant.”

Should a citizen’s group form and circulate a petition calling for a binding vote on a bags fee, the town will abide by the state guidelines, Joseph said.

“Unfortunately,” he said, “this would be in violation of our town charter. But we will not violate state election law.”

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