BOARD OF SELECTMEN MINUTES
NOVEMBER 10, 2005  

The meeting was called to order at 6:00 and opened with the Pledge of Allegiance. Mr. Knapp made a change to the meeting minutes of 10/27/2005 and made a motion to approve as amended, which was seconded by Mr. Wilkey. The motion passed unanimously.

PUBLIC FORUM:

Mr. Krasker informed the board that the proposed environmental impact study of Wards Pond/Brook & Lovewells Pond has now received sufficient funding. He also informed the board that Fryeburg has received a lot of recognition from Maine and New Hampshire as a result of these studies.

Mr. Krasker also informed the board that the Merriam and Peter Hass Foundation has given $5000 towards a library computer tracking system.

Mr. Krasker also brought up a research/work proposal for the creation of water district that needs to be done since the town has voted not to buy the Fryeburg Water Company. He handed out information to the board on the necessary steps. The board and Mr. Krasker discussed the payment for the biotic study; and the creating of a special voter list for the special district. At a later part of the meeting, the board agreed to start work on the determination of this water district with interested individuals. Mr. Knapp said that he would act as an ex-officio member.

NEW BUSINESS

Public Hearing: Liquor License for Academy Fundraiser

The Academy will be having a fundraiser during Thanksgiving week and is requesting permission to serve alcohol. The event is sponsored by the Rotary Club. The Chief of Police had no objections to the granting of the license. Mr. Dutton made a motion to sign the permit, which was seconded by Mr. Knapp. The motion passed unanimously.

Presentation by John Shattuck of Lakes Region Development Council : Mr. John Shattuck from the Lakes Region Development Council was present to make a presentation to the board on the recent developments with the Council. The Council’s mission is to encourage community economic development that is community appropriate. The goal is to propose appropriate projects, develop high quality jobs, and to improve the quality of life. The first area of focus includes the objective to enhance and protect the Route 302 corridor, to support targeted business properties, and to develop a network of businesses to help the smaller ones. The second area of focus involves providing assistance, such as targeting specific projects that need assistance and encouraging existing local businesses. The third piece revolves around business development, including the use of local lenders, workforce enhancement, educational development of leaders, and having meetings to communicate and develop plans for the future.

The Board, Town Manager, and Mr. Shattuck then discussed the need to bring the benefits of participation with the Council to the Town.

Discussion with Town Attorney Regarding Proposed Articles:

The Board discussed with the town counsel, Peter Malia, warrant articles proposed via a citizen petition. According to Mr. Malia, if the Selectmen authorize the warrant articles and pass them to the Planning Board to make a recommendation, and it chooses not to recommend the articles, it will take a 2/3 majority vote to pass them. After discussion, Mr. Malia said there are two articles whose legality is questionable. The first is in regards to the election of Planning Board members. According to state law, a completely new planning board cannot be elected at one time—which this proposed article appears to imply. Rather, members of the board may be elected as the appointed members’ terms end.

The second questionable article is the one that requires that any planning board approval of a permit for omitted uses, would thereafter require ratification by the legislative body; which, according to Mr. Malia may violate the applicant’s constitutional equal protection rights.

Mr. Malia said that he would determine which articles are constitutionally moot by the next meeting; while all articles presented are undergoing planning board review.

Mr. Dutton made a motion to submit the articles to the planning board for review and recommendations, which was seconded by Mr. Knapp. The motion passed unanimously.

Discussion with Town Attorney Regarding Enforcement :

The board discussed with Mr. Malia enforcement of the water extraction moratorium; in particular who has the power to control the extraction of the water. According to Mr. Malia, the statute allows a town to create a moratorium. If an applicant comes forward during the moratorium period, it would become the decision of the planning board whether the moratorium applied. The CEO is the enforcement authority for these matters.

In regards to development in subdivisions, the current land use ordinance states that any developer in the rural residential district cannot develop more than five lots if the lots are less than two acres. The conditions of approval are imposed by the planning board and the CEO. If the CEO is unable to resolve potential problems and violations, he will need to come before the selectmen to discuss potential litigation.

In regards to Fryeburg Water Company land, if sold, Mr. Malia said that it would then become an issue of a non-conforming use and restrictions upon the land would be grandfathered.

The board then discussed the potential of asking water extractors to reduce the amount of water extracted.

Fryeburg Library Expansion and Maintenance

Ms. Emily Fletcher updated the board on her completion of the capital improvement goals that she formulated when she took the position as director of the library.

Diane Jones from the Historical Society gave the board and the public an explanation of the Society’s move into the present location. She informed the board that the lease was up to date, and explained the extensive improvements that the Society has made to the building at minimal cost to the town. Mr. Malia found the lease to be in order.

The board then discussed the need to pay for electrical work for the library. After a general discussion of the library monies that have already been transferred over to the control of the library, it was brought to the board’s attention that the other funds which were proposed to be turned over to the non-profit library corporation which is being re-formed, cannot be turned over until the town meeting vote in March 2006 authorizes such a transfer.

Mr. Knapp made a motion to allow the library to pay for the necessary electrical work out of the library investments, which was seconded by Mr. Dutton. The motion passed unanimously.

Senior Community Service Program

Mr. Covelli informed the board of an employment transition program for seniors sponsored by the US Department of Labor. Essentially, the Department of Labor sponsors eligible seniors and would place them in an appropriate position in a Town Department, until such time as they can find permanent employment. The board agreed to have Mr. Covelli ask a representative to come and make a presentation before the board.

Bids for Former Fire Department Vehicle.

There were two bids for the purchase of the former fire department vehicle; one for $1346 and the other for $2,124. The Recreation Committee also expressed interest in the vehicle. After discussion, Mr. Dutton made a motion to sell the car to Police Cars Unlimited, as is, for $2,124, which was seconded by Mr. Knapp. The motion passed unanimously.

Other Business as Appropriate

Mr. Covelli reported that the assessor has informed him that there needs to be a meeting of the Board of Assessors. He suggested December 1 st, before taxes are due. The board agreed to a time of 3pm, and Mr. Jim Dutton made a motion to hold the meeting, which was seconded by Mr. Knapp. The motion passed unanimously.

In addition, he requested permission to send a letter to the Fair Association informing them that the property taxes due would total $9,034,72 if in fact the property was taxable.

In recognition of Thanksgiving Weekend, the next selectmen’s meeting will be 11/22/2005.

Mr. Covelli distributed the highway report for the review of the board.

Mr. Knapp presented an email from the deputy commissioner of the Maine Department of Transportation regarding the bicycle lane issue on River Road. There was no new information offered regarding this matter,

Mr. Knapp said that he talked to the Greater Portland Council of Government regarding the Ride Share Commuting Program regarding ascertaining the number of daily commuters to Portland from Fryeburg, but he was unable to find the requested information. He said that he continue researching the matter.

As there were no additional matters before the board, a motion was made to adjourn for the evening, which was seconded. The motion passed unanimously

Respectfully Submitted,

Lindsay Straw

Recording Secretary