Town of Fryeburg
Board of Selectmen Meeting Minutes
June 21, 2007

The meeting was called to order at 6pm.

Members present: Ed Wilkey Cliff Hall, David Knapp

Public Hearing

Liquor License Application – Dwayne Ella/Ron Ella dba H.A. Cassidy’s – 2 Jockey Cap Lane.

The Public Hearing regarding the liquor license application was opened. Mr. Knapp read an email from Angelo Milia regarding his concerns of another liquor establishment in our town. Mr. Milia would like the Selectmen to put a cap on the issuance of liquor licenses. Mr. Knapp spoke with Mr. Milia and explained that this is going to be a sit down restaurant, not a saloon. Mr. Knapp asked for any public comments. Dwayne Ella and Ron Ella both commented that their request for a liquor license was so that patrons would be able to have a drink with their dinner. Another comment was made that it would be nice to have another restaurant in town where you would be able to have a drink with your dinner. Mr. Knapp declared the public hearing closed. Mr. Wilkey moved to approve the liquor license application as submitted. Mr. Hall seconded the motion and it passed unanimously.

Public Hearing

Liquor License Renewal – The Oxford House Inn – 548 Main Street

The Public Hearing regarding the liquor license renewal was opened. The Police Department submitted no record of any liquor related disturbances. Mr. Knapp declared the public hearing closed. Mr. Wilkey moved to approve the liquor license renewal as submitted. Mr. Hall seconded the motion and it passed unanimously.

Review and approval of the minutes of 5/24/2007

Mr. Wilkey made a motion to approve the minutes as printed. Mr. Hall seconded the motion and a vote of 3-0 was deemed unanimous.

Approval of minutes from the 6/7/2007 meeting was deferred until the minutes are prepared.

Public Forum

Dick Krasker asked if the Selectman would be supportive of the Sec. 15 - Wellhead Protection Overlay District article at the town meeting on June 23 rd. Mr. Krasker feels the amendment is a comprehensive enhancement of the existing district. Mr. Knapp stated that the Board of Selectman is on record requesting the delay of this vote because of it potentially not passing, not because they do not support the “protection”.

NEW BUSINESS

Appointment – Seasonal Police Officers

Chief Brooking is requesting the appointment of three seasonal officer candidates contingent upon firearm approval. Daniel Nowell, D. Shane Reininger, and Charles Neal. Mr. Wilkey asked if Chief Brooking felt the applicants that lived “away” would be reliable. Chief Brooking responded yes, they would be required to work a minimum of 20 hours a week. Chief Brooking also commented that there are currently six reserve officers, two of which he will be loosing so with the three new candidates it would make a total of seven. Mr. Wilkey moved to approve the appointment of the seasonal police officers with the condition that they pass the firearms qualification course. Mr. Hall seconded the motion and a vote of 3-0 was deemed unanimous.

Appointment - Deputy Animal Control Officer

Kathleen Quinan is currently the Deputy Animal Control officer in Bridgton. Mr. Covelli commented that she comes highly recommended by the Bridgton Chief of Police. Mr. Wilkey moved to approve the appointment of Ms. Quinan as the Deputy Animal Control Officer. Mr. Hall seconded the motion and a vote of 3-0 was deemed unanimous.

Criminal Forfeiture Authorization

Chief Brooking explained that this was a request to accept the firearms seized from the Maple Street drug arrest if the court releases them to the town after the conclusion of the criminal trial. Sale of the firearms could generate revenue to the Police Department but by state law, said revenue could only be used for drug enforcement activities or equipment. Mr. Wilkey asked how the town would dispose of the firearms. Chief Brooking recommended selling them to a firearms dealer. Mr. Wilkey moved to accept the State of Maine forfeiture, subject to review of the disposal policy. Mr. Hall seconded the motion and a vote of 3-0 was deemed unanimous. The specifics regarding disposal of the firearms will be revisited if the forfeiture occurs. A note was made to the Treasurer to add a line item to the Police Department budget for drug enforcement.

ATV Loaner Program

Chief Brooking explained that Profile Motor Sports is willing to loan two ATV’s to the Police Department with the hope that the department will purchase them next year. There are no strings attached, just good press for Profile Motor Sports. It was mentioned that Berlin, New Hampshire’s Police Department participated in this program and purchased the vehicles. Mr. Wilkey asked if they came with a trailer. Chief Brooking will check to see if a trailer is included. Mr. Wilkey moved to proceed with processing the paperwork. Mr. Hall seconded the motion and the vote was unanimous.

River Operations 2007

Chief Brookings stated that starting the week of June 25 th there would be river patrols on Friday night, Saturday all day and night and Sunday all day. There are tentative Friday night roadblocks scheduled for OUI enforcement Mr. Wilkey requested a preliminary schedule. Chief Brookings also mentioned that Fiddlehead was looking for two off-duty officers.

OLD BUSINESS

Further review of Town of Fryeburg Ordinance Restricting Vehicle Weight on Posted Ways

• Permits and procedures
• Discussion regarding proposed load limit posting of Denmark Road

The weight ordinance for Haley Town Road was enacted in July of 2006. Two weeks ago there was a discussion regarding through traffic versus non-through traffic. On June 7, 2007 a decision was made to change the posting on Haley Town Road to no truck traffic over 28,000 lbs GVW, regardless of the starting or ending point of the trip. Mr. Knapp read some questions submitted by the Code Enforcement Officer. The engineer working on this project recommends a 24,000 lb maximum due to the thickness of the gravel base.

Input from public –

Greg Saunders of GFS Corp. has a gravel pit business on Haley Town Road. He doesn’t feel that any town roads should be posted for through traffic or weight. The road should be built to proper specifications for the weight. He shouldn’t have to buy a permit for “trucking” since Haley Town Road is his only access.

A mill owner on Haley Town Road feels the road should be accessible to trucking. There have been no accidents caused by trucking to his knowledge.

A resident of Haley Town Road said the spirit of the ordinance was not to stop business but she doesn’t feel the road can handle heavy truck use and there is a safety issue. She wanted to know why the permit was allowed for a new gravel pit when the posting was already in place. She asked why the Planning Board did not ask specifics about the road these trucks would use before approving the permit.

Another resident of Haley Town Road feels the roads should be built to hold all traffic.

Mr. Wilkey feels the road should be built to “proper” specifications and not hinder any business or land owners. He suggested that perhaps the speed limit could be reduced to address any safety concerns.

Dick Krasker stated that it makes sense to build a road “right” (to handle truck traffic) and it is a good thing that an engineer was hired.

Mr. Hall feels they should go with the engineers’ recommendation. Once the road is built it should be posted for the maximum weight the road can handle.

Mr. Knapp said the board will consult with the Planning Board regarding the gravel pit’s approval and consideration of use of Haley Town Road versus Porter Road.

Mr. Wilkey made a motion to vacate the June 7, 2007 decision to change the posting on Haley Town Road. Mr. Hall seconded the motion with a vote of 2-1.

Mr. Wilkey made a motion to go back to the original posting of no through trucks over 28,000lb GVW until after further research is done. Mr. Hall seconded the motion and a 3-0 vote was deemed unanimous.

A public hearing was scheduled for July 12, 2007 at the Rescue Barn to further review the Haley Town Road and Denmark Road posting.

Treasurer’s Report

Treasurer Ella Cressy submitted a report showing the balances in the operating accounts. A discussion was opened regarding creating an operating reserve budget (3 months worth of operating expenses). It was suggested that the Treasurer create a line item in the current budget for operating reserve.

Discussion on future tax billing - Dick Krasker feels that people don’t understand when taxes are due and that only 6 months of taxes will be due in October. A couple of proposals were suggested:

Proposal #1 October 15 th 6 months taxes due for 2007

December 15 th 6 months taxes due for 2008

May 15 th remaining 6 months taxes due for 2008

October and May tax billings going forward

Proposal #2 October 15 th 6 months taxes due for 2007 and 6 months taxes due for 2008

May 15 th remaining 6 months taxes due for 2008

Mr. Knapp asked for a vote from the board. Both Mr. Wilkey and Mr. Hall voted for proposal #1. Mr. Knapp stated that at the town meeting on June 23 rd that one of the board members will motion to offer an amendment to the warrant of the above proposal #1.

Engineer for Haley Town Road Project

The engineer for the Haley Town Road project, Burr Phillips, arrived and was asked to explain the current specifications for how the road was being built. He stated that the gravel would be an 8 inch base which is less than what you would want for lots of truck traffic. If you want the road built for heavy truck use he recommends reanalyzing the gravel depth, and using a 12 inch base instead of 8 inch. John Hastings proposed to give half of the bank run gravel that would be needed to make the 12 inch base at no cost, except trucking fees, for the first phase of the Haley Town Road project. Mr. Knapp on behalf of the board thanked John Hastings for his very generous offer and savings to the town.

The engineer was asked to explain the bid process for this project. Mr. Phillips proposed the following procedure:

• Advertise for the bid
• Minuteman Press would make copies of the project specs and send them to the bidders.
• Pre-bid meeting would consist of walking the site with all potential bidders
• Award the bid

OTHER BUSINESS

Review of Videotaping Service Proposal

The board decided to entertain proposal #2, for Mike Dana to install a permanent video camera in the town office meeting room that would be hooked up to the town’s DVR. The town currently has all the equipment needed, except the camera. Mr. Wilkey made a motion to accept proposal #2 from Mike Dana. Mr. Hall seconded the motion and a vote of 3-0 was deemed unanimous

Quitclaim Deed-Release of Tax Lien

There was discussion on a Quitclaim Deed to release a tax lien on ______. Mr. Knapp suggested that the Town Manager advise the Town Clerk that she needs to have the information attached to the Quitclaim Deeds or be at the board meeting to explain. Mr. Knapp recommended to execute the document based on the information provided by the Treasurer that the taxes had been paid.

Vote for MMA Executive Committee Candidates

Mr. Knapp made a motion to not participate this year. Mr. Hall seconded the motion and a vote of 3-0 was deemed unanimous

The meeting entered into Executive Session at 9:45 pm. There being no further business, the meeting was thereafter adjourned.

Respectfully Submitted:

Tina Westerberg

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