Town of Fryeburg
Board of Selectmen Meeting Minutes
August 9, 2007

The meeting was called to order at 6:10pm.

Members present: David Knapp, Ed Wilkey, Cliff Hall

PUBLIC HEARING

Liquor License Renewal – Saco Valley Sports Center

Mr. Knapp noted the letter from Chief Brooking of the Fryeburg Police Department that there had been no incidents at this location. There were no other comments. Mr. Wilkey moved to approve the liquor license renewal as submitted. Mr. Hall seconded the motion, and the motion passed unanimously.

Review and approval of the minutes of June 21 st, July 5 th, and July 26, 2007

There was a brief discussion about whether the board had a chance to review the minutes from these meetings. There are still errors that need to be correct on the July 5 th meeting. Mr. Hall made a motion to approve the minutes of the July 26 th meeting as written. Mr. Wilkey seconded the motion, all were in favor. Mr. Hall made a motion to approve the minutes of the June 21 st meeting as written. Mr. Wilkey seconded the motion, all were in favor. The July 5 th meeting minutes will be corrected by Mr. Covelli and reviewed and approved at the next meeting.

Public Forum

Public Safety Building Committee - Dick Krasker reported that the committee would like to move forward with the plans drawn up by Dave Hart. These plans are for a multi-purpose building which would have space to house the Police Department, Code Enforcement Officer (CEO) and the Selectmen’s meeting room. Mr. Krasker suggested that it would be a good idea to explain to the town that this would be a general purpose building. He also suggested that a per-household dollar amount would be helpful for the townspeople to understand “their” cost for this new building. Mr. Wilkey cautioned about considering the future space needs for town buildings. He still feels the committee should further consider moving the Town Office and Police Department to the current Fire Department building (this building would need to renovated), and building a new Fire Department building adjacent to the Rescue Barn. Mr. Wilkey feels that it would be less expensive to build a Fire building than the proposed Multi purpose building. Mr. Knapp reminded everyone that the charge to the committee was to give the Rescue Department back their space, find a new location for the Police Department as well as additional space. Mr. Krasker says they have been having this discussion for 4 years and something needs to be done. He suggested that the CEO can measure the lot adjacent to the Rescue Barn and decide if a new Fire Department building would fit. Ozzie Sheaff commented that he thought the issue with the lot adjacent to the Rescue Barn was not enough space for the building and parking. He also thought there was some concern about additional emergency vehicles leaving from across the school crossing. Howard Dearborn suggested that the town buy at least 10 acres of land and build whatever is needed as “you can afford it”. Mr. Knapp took a vote from the committee and it was a unanimous recommendation that the current plan for a multi purpose building be considered by the Board of Selectman. Mr. Covelli had run some rough numbers, he determined that the proposed building would cost each household approximately $48 per year, based on the average $200,000 assessed home.

Robin Johnson of the Beautification Committee reported that there is a concern about the Christmas lights on the trees in Bradley Park. There are not enough committee members or volunteers and the trees are too large. She also said that Central Maine Power (CMP) expressed concern because the trees were too close to the power lines and it wasn’t safe for the committee to be putting up the lights. She asked if the town would consider another alternative. Mr. Covelli commented that the tree lighting ceremony only needed to be the one tree inside the gazebo, not necessarily all the trees surrounding the park. The board will take alternatives into consideration otherwise only one tree will have lights for the ceremony and during the holiday season.

Noah Keteyian introduced himself as the new representative from Nestle/Poland Springs, replacing Park Burmeister. Mr. Keteyian will be attending the Fryeburg Board of Selectman and Planning Board meetings relative to the issues of Nestle/Poland Spring.

Mr. Knapp took a moment to mourn the passing of Joe Solari. The town is reviewing the process to change the name of the airport in honor of Mr. Solari’s contributions.

OLD BUSINESS

Further board discussion regarding a proposed moratorium on activities involving the processing or transporting of bulk water for commercial purposes.

Mr. Knapp read the document from Scott Gamwell. Mr. Gamwell said it is not a petition just a show of support. Mr. Knapp noted that even with the current moratorium they can not stop the possibility of a facility in East Fryeburg. Mr. Hall commented that the board needs to vote or decide when to vote on the proposed moratorium. Mr. Knapp said that the town’s attorney stated that the existing moratorium can not be amended, however a new stand-alone moratorium could be created. Mr. Knapp has some issues with the language. He feels the restriction of transportation of water is not about the trucking, but about preventing future applications as in the potential one in East Fryeburg. Mr. Knapp said the board will address this with the Planning Board at the joint meeting on August 23 rd, along with a review of the current Land Use Ordinance. Mr. Knapp will forward the proposed moratorium to the town’s attorney for review. It was also noted that if the proposed moratorium is approved by the Board of Selectman there would have to be a special town meeting to vote. Robin Johnson stated that more people signed the document than attended the town meeting. Mr. Gamwell understands the process, however he is concerned about the timing since the purpose of the moratorium would help protect Fryeburg now. Mr. Knapp briefly recapped the recent Supreme Court decision regarding the proposed facility in East Fryeburg. The Planning Board has to consider the comprehensive plan of the application. Someone asked if it was viable to stop all bulk water extraction. Mr. Knapp feels only new extractions should be stopped. Mr. Hall noted that the existing moratorium does not address transport facilities.

Review of suggested amendments to the Town of Fryeburg Ordinance Restricting Vehicle Weight on Posted Ways.

Mr. Covelli handed out the highlighted amendments for the Boards review. He feels a posted bond should be one set amount. He will request a suggestion from Burr Phillips. Mr. Knapp suggested tabling this discussion in order for the Board to have time to review. Another public hearing for input and changes will be scheduled. A draft of the changes will also be posted on the town’s website.

Fryeburg Fair’s request for the use of a Fire Truck for the Fair’s Fireman’s Muster.

Ozzie Sheaff says that MMA requires the Board of Selectman’s signatures in order to provide insurance coverage on the truck. Mr. Wilkey made a motion to approve the Fryeburg Fair’s request for of a Fire Truck for the Fair’s Fireman’s Muster. Mr. Hall seconded the motion and all were in favor.

Review of Howard Dearborn’s proposed Saco River Coalition.

Mr. Dearborn said he is not ready to discuss the coalition at this time. He would like to take the opportunity to say that the letters and Water Waves newsletter are not meant to hurt anyone. They are just trying to protect Lovewell Pond. He is fighting to reduce or eliminate the pumping. He invited anyone to come to his home to see the “pond”.

Maine Municipal Association – Vote for Executive Board

The Board of Selectman decided unanimously not to cast a vote.

NEW BUSINESS

Award of Fire Department overhead door bid (Main Station)

The two bids received were reviewed.

W. Maine & New Hampshire Overhead Door - $8,094

Overhead Door of Portland - $6,868

Mr. Wilkey made a motion to accept the lower bid from overhead Door of Portland for $6,868. Mr. Hall seconded the motion and all were in favor.

Award for emergency generator propane tank fencing bid

The four bids received were reviewed.

Gorham Fence - $4,665

Wallace Fence - $3,750 (includes concrete)

Aroostook Fence - $3,995

TDK - $4,872 (includes concrete)

Chet Charette feels the posts should be concrete. Mr. Knapp asked if this can be finished before school starts. Mr. Charette said he would talk to them about it.

Mr. Wilkey made a motion to accept the bid from Wallace Fence for $3,750. Mr. Hall seconded the motion and all were in favor.

Setting of Fiscal Year 2007 Tax Rate

Mr. Covelli noted that traditionally the Fryeburg Fair has contributed what their tax bill would be, if they were not tax exempt. Mr. Knapp explained that a tax overlay is the Board of Assessors consideration of any abatements. However, the tax overlay does not have to be used for abatements. Mr. Knapp suggested they assign a purpose to this fund instead of just using it for general purposes. Mr. Covelli reminded everyone that this tax rate is only for ½ year, January – June of 2007. Mr. Covelli also mentioned the warrant of county tax of $223,256 is due 60 days after the October tax date. Mr. Wilkey made a motion to approve the tax rate for Fiscal Year 2007 at $6.35 per 1,000. Mr. Hall seconded the motion and all were in favor. Mr. Covelli said the tax bills will go out sometime in September and will be due in October.

Misc.

Ed Cook presented a petition from surrounding neighbors of Haley Town Road requesting to have the current posting of no thru traffic over 28,000lb to remain. Mr. Cook asked how can this be safeguarded without perpetual requests for change. Mr. Knapp responded that nothing can be done in perpetuity. Mr. Cook also asked that before the bid was awarded tonight, shouldn’t the town decide on the specifications for the road. Mr. Knapp responded that the engineer hired is building the best possible road for the money allocated. The town’s intent is not to build a “super highway” but only to repair the road. Mr. Knapp briefly recapped that the new gravel pit on Haley Town Road that has been the subject of some of the issues has been issued violation, which is being appealed. Someone asked if anyone posting a bond would be allowed to use the road. Mr. Covelli responded that the town has no obligation to issue a permit. Mr. Knapp added that if someone posts a bond, that money would be used to repair the road if damaged. Someone asked if Haley Town Road is zoned rural residential and if so how did the gravel pit application get approved for rural residential zoning. Several comments were made about the pot holes on Haley Town Road. Mr. Knapp said that Gary Whitten would still be responsible for maintaining the portion of the road that is not being repaired in Phase I.

Award of Haley Town Road Phase I – reconstruction bid

Burr Phillips indicated that he had estimated the project at $675,000. The bids were as follows:

Perm-a-Drive - $519,000

Kenco , NH - $555,000

Pike - $598,000

Glen Builders - $598,000

LA Drew - $619,000

Mr. Phillips mentioned that Pike, Glen Builders and LA Drew all asked lots of good questions during the bid process. Mr. Phillips commented that on the Perm-a-Drive bid 55-60% of work would be subcontracted (earthwork). He requested to check references on the subcontractors. The material Perm-a-Drive uses is from the same source as everyone in the valley. Mr. Phillips said that their bid came in so low because they really wanted the job. Mr. Wilkey made a motion to authorize the bid from Perm-a-Drive contingent on final recommendations of the engineer (Burr Phillips) and Town Manager. Mr. Hall seconded the motion and all were in favor. The question was asked about supervision of the project, and if Mr. Phillips would be supervising. Mr. Phillips recommends having an inspector on site during the project. Mr. Phillips will have a meeting once a week to check on the progress of the project.

OTHER BUSINESS

Mr. Hall asked Paul Naughton what was going on with the Water District. Mr. Naughton said they ware waiting on the Nestle Water decision.

The meeting entered into Executive Session at 7:55 pm.

Respectfully Submitted:

Tina Westerberg

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