TOWN OF FRYEBURG

BOARD OF SELECTMEN

May 26, 2005 

Mr. Wilkey called the meeting to order at 7:00 PM followed by the Pledge of Allegiance. Mr. Knapp was in attendance, as was Town Manager Phil Covelli. Mr. Dutton was absent.

MINUTES:

The minutes of May 12, 2005 were reviewed. Mr. Knapp moved to approve the minutes as submitted. Mr. Wilkey seconded the motion. The motion passed unanimously.

PUBLIC FORUM: None.

PRESENTATION BY MAINE MUNICIPAL RISK MANAGEMENT GROUP:

Representatives from Maine Municipal Association’s Risk Management group were present to answer questions regarding liability coverage for special events such as craft fairs, concerts and parades. At issue was whether or not the Town’s liability coverage extended to such events.

The MMA representatives advised that liability coverage would extend to the Town only if such events or activities were authorized and controlled by the Town; if the funds raised or expended were subject to the Town’s financial administration practices; and if the Town ultimately had control over the nature and conduct of the given event. It was suggested that certificates of insurance coverage, naming the town as an additional insured be obtained from commercial vendors. It was acknowledged that for certain vendors and performers whose primary business involved attending such events throughout the state that this would prove to be of little difficulty since most of them had coverage already. Others, such as craftspeople and occasional performers, if not insured for the activity in question, would assume the liability of their individual activities.

There was some discussion regarding the element of risk involved in certain activities. The representatives stated that the town would have to find its own level of comfort regarding the activities concerned. There was some discussion regarding the use of amusement devices. The use of “dunk tanks” is seen as too risky an activity, but the use of mechanisms which dump water from a bucket was seen as acceptable.

After discussion it was agreed that the Town would supply Risk Management Services with a comprehensive list of events and participating vendors and performers for scheduled events.

APPOINTMENTS:

The following appointments were made to the Fryeburg Police Department:

Michael Lathrop – Reserve Officer

Jason Goff – Reserve Officer

Michael Hall – Seasonal Officer

All three candidates have attended the law enforcement pre-certification course; passed a physical agility and ALERT tests; and have had experience working with other police departments. Mr. Knapp moved to approve the appointments, seconded by Mr. Wilkey-unanimous.

There was discussion regarding the former Disaster Mitigation/Public Safety Committee. Web Fox, Chairman, and Holly Foster of the committee, related that the primary mission of formulating a disaster mitigation strategy had been accomplished, and that the committee would only have to review the goals and objectives periodically to update them. Ms. Foster stressed that the committee could now turn its attention to public safety concerns such as working on the Safe Routes to School Program and starting a Neighborhood Watch group.

The following persons were appointed to the Public Safety/Disaster Mitigation Committee: Wayne Brooking, Chet Charette, Carmen Doughty, Dennis Finn, Web Fox, Dave Gould, Phil Covelli, Bill Kane, David Powers, Ozzie Sheaff, Holly Foster, David Sturdevant, Richard Andrews, and Michael McAllister.

Hannah Warren was appointed Town Representative to the Southern Maine Regional Planning Commission by unanimous vote.

COMMERCIAL HAULING OF TRASH:

There ensued a discussion regarding the policy for charging for commercial hauling of trash. At issue was whether or not residential waste discarded in a commercial dumpster was to be considered residential trash requiring the purchase and discard of such in a “green bag” as sold by the Town. It was noted by Wally Allen that he charged the customer for rental of the dumpster, and that he was responsible for paying a per-yard fee to the Town for disposal. Based on Mr. Allen’s calculations, the fee per yard offset any funds that would be collected via the pay-per-bag system. The Board members agreed.

There was some discussion regarding the practice of disposing of trash picked up at Walker’s Bridge at an exempt rate. It was not clear to those present how this practice had started, but it was theorized that this arrangement had been made with the Town when the area was available as a free launch. Mr. Wilkey expressed concern that a fee for parking was now charged for the site. The Town Manager was directed to contact the property owner and notify him that the practice exemption from the disposal fee would be discontinued if in fact the site was not available for free launching.

Mr. Ken Brown brought a situation to the Board’s attention in which he was charged for disposal of some demolition debris and shortly thereafter a person was not charged for the disposal of a mop handle. He suggested that some sort of minimum fee be established, for even the smallest items. Mr. Wilkey responded that the Administration would look into it. Mr. Knapp suggested that the disposal price list be revisited.

ROUTE 113/302 BIKE LANE CONSIDERATIONS:

Mr., Knapp reported that he had been in contact with John Balicki, Bicycle and Pedestrian Coordinator with the Maine Department of Transportation, regarding the creation of bike lanes from the intersection of Route 302 to Weston’s Bridge and Town Beach. The current reconstruction plan for the bridge includes shoulder paving of only 1/10 of a mile from each end of the completed structure. Mr. Knapp was of the opinion that it would be logical to lengthen the paved shoulders to Route 302 so that a bicyclists and pedestrians could ride/walk safely between Bradley Park and the Town Beach. It was noted that many children walk to and from the Beach in the summer, and they currently frequently have to walk in the travel lane. Mr. Balicki was meeting with others in his Department and will report on the possibility of expanding the scope of the project.

CROSS WALKS:

There was brief discussion regarding the visit by the Department of Transportation Traffic Engineer who examined the feasibility of creating a crosswalk between Bradley Park and the Post Office. The result of the visit was that the Town was authorized to install said crosswalk, within recognized Traffic Control Device Guidelines. The crosswalk will be installed when weather permits.

ROUTE 302 VISITORS CENTER UPDATE:

Mr. Knapp shared the results of an inquiry he made regarding the construction of a new visitors center at the Maine/NH Border along Route 302. It was reported that the Maine Department of Transportation had acquired land across the tracks from the existing building and was waiting for its Environmental Division to schedule a site review to determine if there are any environmental concerns. Engineering for the project should start soon after the environmental review is complete, with the project going out to bid for construction in fall 2005, with construction scheduled to begin in spring 2006. A pre construction meeting with interested parties in the Town will be scheduled at a future date.

USE OF INMATE LABOR FROM OXFORD COUNTY JAIL:

Mr. Knapp proposed a letter be sent to the Oxford County Commissioners requesting that the use of prisoner labor from inmates currently housed at the Oxford County Jail. The letter asks for the Commissioners to explore the possible use of town transport and/or the possibility of sharing the costs of transportation with the county. The letter was signed by Mr. Wilkey and Mr. Knapp.

BEANO AND LIQUOR LICENSE APPLICATION-RAIDERS BOOSTER CLUB:

Brad Littlefield was present to present applications for BEANO and Liquor Licenses for an event to be held in support of the Academy’s Raiders Booster Club, on August 19, 2005, starting at 7:00 PM, at the Fryeburg Fairgrounds. Holly Foster expressed some concern that the event which was being held in support of a school team, included alcohol. She questioned the appropriateness of such a practice. Mr. Littlefield responded that that the Booster Club Board had considered this fact and felt that since the event would be attended by adults, who may have brought alcoholic beverages on their own anyway, the controlled sale of alcoholic beverages would further enhance the fund raising effort of the event. After discussion and comment, Mr. Knapp moved to approve the applications as submitted. The motion passed unanimously and the licenses applications were endorsed.

FIRE STATION FENCE BID AWARD:

There was one sealed bid received for the replacement of the wooden fence behind the fire station. The one bid was for $2,600.00 received from TDK Enterprises of Center Conway New Hampshire. The entire amount budgeted for this project at the 2005 Town Meeting was $2,500.00. It was noted that the bid included disposal of the old fence and disposal costs. It was suggested to Chief Sheaff that he renegotiate the bid with the contractor insomuch as the old fence could be disposed of at the Town’s Transfer Station at no cost. Mr. Knapp moved to approve an expenditure of $2,500.00 or less, depending on the results of the discussion with the contractor regarding disposal. Mr. Wilkey seconded the motion and the motion passed unanimously.

MEETING WITH ADELPHIA OFFICIALS:

Mr. Knapp suggested that a meeting be held with Adelphia officials to discuss various provisions of the franchise agreement currently in place: specifically the mechanism by which franchise fees could be adjusted; PEG (Public TV) access; scheduling of payments; franchise transfer; and franchisee’s history of operations under the current agreement. A letter reflecting these interests was signed by Mr. Wilkey and Mr. Knapp and will be forwarded to Adelphi’s General Manager.

VALLEY VISION COVERAGE:

Mr. Knapp reported that he had been in contact with Ken Turley, the Town’s representative to the Valley Vision Board regarding the Town’s wishes regarding scheduling of the showing of meetings. Still undecided was whether or not a volunteer could be found to tape the meetings. Linda Card suggested that an interested student of the Academy could potentially be trained by Valley Vision staff. The Town Manager will contact the Academy regarding the recruitment of a volunteer.

TENNIS COURT RECONSTRUCTION:

Mr. Farrell of Farrell Consulting submitted a written estimate for the potential work involved in writing bid specifications and/or supervising the installation of the courts. The cost for conducting an initial site visit, devising suitable specifications, and providing a list of qualified contractors was quoted as $600.00. After discussion, Mr. Knapp moved to authorize the Town Manager to enter into a contract with Mr. Farrell to conduct the work once final approval from the National Park Service was received.

CENTRAL MAINE POWER POLE PERMIT APPLICATION:

This matter was tabled.

CONCEALED WEAPONS PERMIT ISSUANCE POLICY:

Mr. Knapp noted that the minutes of a past Selectboard meeting did not indicate that the policy as agreed on by the Board members concerning the issuance of Concealed Weapons Permits was not delineated in the minutes, and no record of an official vote adopting the policy was recorded. Mr. Wilkey agreed. The matter will be addressed at a future meeting.

Having no further business the meeting was adjourned.

Respectfully submitted:

P. Covelli, Town Manager