TOWN OF FRYEBURG, MAINE
BOARD OF SELECTMEN MEETING MINUTES
MARCH 16, 2005

The meeting was called to order at 6pm and began with the Pledge of Allegiance. Mr. Knapp moved to amend the agenda, and to begin with Code Enforcement Issues under Old Business #A. This was seconded by Mr. Dutton, which passed unanimously.

Code Enforcement Issues Revisited:

The board reviewed a letter from 2/24 from Brenda Bailey complaining of a perceived public nuisance regarding the housing of farm animals at a property on Howe Street. The report from the Code Enforcement Officer stated that there was no violation; as there have been animals on the property for over 35 years and the use is considered “grandfathered”; and there is no further reason to pursue the manner. It was stated that Ms. Bailey would have the option of appealing this determination to the Board of Appeals if she deems it necessary. The board agreed to send a copy of the Code Officer’s decision to both the property owners and Ms. Bailey.

Approval of Minutes

Mr. Knapp made a motion accept the minutes as amended, which was seconded by Mr. Dutton. The motion passed unanimously.

Mr. Dutton moved to amend the agenda and to bring Public Forum as the next item, which was seconded by Mr. Knapp, the motion passed unanimously.

Public Forum

Mr. Hugh Hastings questioned whether a person would be able to drill a new well under the current, and proposed renewal, of the water extraction moratorium. The board members and Town Counsel, Peter Malia stated the drilling of a well for residential purposes or for a public water supply was not expressly prohibited by the moratorium.

Mr. Hugh Hastings informed the board of his intent to take back the land used as a picnic area by the state line for business purposes.

Public Hearing: Water Extraction Moratorium—Renewal

The board and counsel discussed the purposes of continuing the moratorium. The original purpose was to allow for review of the Land Use Ordinance to tighten control over water extraction. Town counsel said that the town was very close to having draft changes to the Land Use Ordinance regarding this matter. According to town counsel, Peter Malia, the decision at hand is to determine whether to extend the moratorium another 180 days; and to determine this the board must decide whether the problem still exists, and whether progress has been made to rectify the problem. After discussion, the board and town counsel determined that if Fryeburg Water Company wants to drill a well to service the needs of their customers, such would not violate the moratorium as it is not being done for commercial purposes. The chairman of the planning board agreed that this type of use would not be considered a commercial purpose and the Planning Board would review and schedule a hearing on the application as necessary.

Mr. Dutton made a motion to extend the moratorium, which was seconded by Mr. Knapp. The motion passed unanimously.

Mr. Dutton made a motion to amend the agenda, and to move the Nissan Building lease as the next item on the agenda; which was seconded by Mr. Knapp and the motion passed unanimously.

Nissan Building Lease

Mr. Covelli read a letter from Interstate Brands agreeing to the $950 per month lease. He also informed the public and board that it was the opinion of both the MMA Legal Department and Mr. Malia that the town cannot enter into a lease arrangement of town-owned land without town vote approval—therefore it will need to be on the warrant for the annual town meeting.

After discussion on why this was never on the deed, the Town Manager agreed to send the information on the lease to the Committee for their review.

Public Hearing: Establishment of Drug Free Zone

The board reviewed the sites for potential establishment of drug free zones. It also reviewed the statutory language enabling towns to designate these zones where drug related offense fines and penalties would be increased. The “zones” need to be “clearly marked” with the language approved by the Commissioner of Public Safety. The board and chief of police had a discussion regarding current and potential enforcement issues—including costs of sign up-keep.

Mr. Knapp made a motion to include the Town recreational fields, Canal Bridge area and parking lot, Weston’s Beach, Bradley and Graustein parks in this designation, which was seconded by Mr. Dutton. The motion passed unanimously.

NEW BUSINESS

Review of Shriners Parade Plans

The board reviewed the plans for the Shriner’s parade for June 10 th from Norway Savings Bank to the Fairgrounds. The parade should take approximately 30 minutes and will begin at 10am. There were no concerns from either the Chief of Police or Fire Chief. The board reviewed the need for a standard procedure for approval on parades.

Homeland Security Grant Application Update

The Fire Chief informed the board that the department would like permission to pursue a 5% local match grant for a fire vehicle. The board reviewed the different aspects of the grant, and was informed that ordinarily the town would have to wait 2-3 years to raise the funds for this vehicle, this would enable the town to get the truck this year. This new fire truck, known as a Quint (a combination ladder and pumper), would improve the responsiveness of the Firefighters. The board granted approval for the grant application.

Review of Tax Anticipation Note Bids:

The town received three bids on loans from three different banks, Norway (offering 4.5% interest rate), Bank North (offering 3.59%), and Key Bank (between 3.81-3.82%). The board and town clerk had a discussion on the current cash needs of the town and upcoming bills requiring payment. Currently, the town clerk is recommending borrowing 2 million and recommended borrowing the full amount at once. Mr. Knapp made a motion to notify TD BankNorth that the town accepts their proposal and will meet with the Treasurer to discuss how the town will determine the proposed borrowing amount; which was seconded by Mr. Dutton. The motion passed unanimously. The board then requested to see the quarterly financial statements to see the location of money including investments before the next meeting.

Recreation School Bus Proposal

The recreation director was present to present the board with the proposal of the town recreation department either accepting the donation of a bus from the district at the end of the school year or buying an old one from the Conway Recreation Department. The board then had an extensive discussion on the requirements that will be necessary for the person driving the bus and the costs incurred with hiring drivers, registration, and insurance. At the end, the board agreed that it would meet with the Recreation Committee to discuss all potential plans and program for the future, and to discuss how the purchase or donation of this bus could affect the town’s insurance costs and other applicable concerns.

Transfer Station Burning Protocol

This matter was brought to the board to see if there were any concerns. There will be an individual present for all times during the burning, and the appropriate permit will be acquired. There were no concerns voiced other than the suggestion that Transfer Station notifiy the Fire Department if there will be burning after-hours.

Southern Regional Maine Planning Commission—Appointment of Members to General Assembly

The town is eligible to appoint 2 to the general assembly, and at least one delegate must be a selectmen. Currently, Hannah Warren is one member. The board agreed that Mr. Knapp would serve as the other member.

Other Business

The board was notified as abutters for the hearing on the Fryeburg Academy Maintenance Building Plans for the meeting on March 28 th.

As there was no other business, Mr. Knapp made a motion to go into executive session to discuss a poverty tax abatement, which was seconded by Mr. Dutton. The motion passed unanimously.

After exiting its Executive Session the Board voted unanimously to grant the abatement.

Respectfully submitted,

Lindsay Straw