Minutes of the Fryeburg Board of Selectmen’s Meeting January 3, 2008

The meeting was called to order at 6:05 pm and a quorum was present.

PUBLIC HEARINGS

Liquor License Application for the 302 West Smokehouse and Tavern 636 Main Street for Mr. Bob Wentworth.

Mr. Bob Wentworth has owned and operated the 302 Roadhouse restaurant in Bridgton for two years. He is moving that operation here in Fryeburg. He is looking to work his restaurant with a hardwood commercial smoker. Ms. Mona Lewis is a neighbor to Mr. Wentworth and she wanted to make sure that the conditions under the previous license will still be adhered to. The conditions and approval for the use are regulated by the code officer. Selectmen are dealing with the liquor license tonight. Mr. Ed Wilkey made a motion to accept the liquor license of the 302 West Smokehouse and Tavern. Mr. Cliff Hall seconded it and the motion carried 3-0.

An extension for the liquor application of Call ME Ishmael, of 63 Hemlock Bridge Road.

Larry Sanborn, the inspector did a pre-inspection. The applicants are waiting for the kitchen to be completed. That inspection will take place next week. Mr. Ed Wilkey made a motion to extend the application for the Call Me Ishmael catering service located on Hemlock Bridge Road, for 60 days. Mr. Cliff Hall seconded the motion and the motion carried 3-0.

Menotomy Road Weight Limit Limitations.

The weight limitation for Menotomy Road is proposed to be the same as the Denmark Road with 4 axles and a weight limit of 69,000lbs. When the petition was circulated it was to be the same as the Denmark Road no axles were involved, with a weight restriction of 69,000lbs or less. The petitioners brought this discrepancy to the board's attention. Further actions related to posting this road will by administrative board action.

Those speaking in favor of posting the road:

Peter Fletcher . Menotomy Road has been a town road since the incorporation of this town. The road is in poor condition. It seems ridiculous to spend money to fix the road and then have it damaged by traffic. I think with the cost of road construction today that the town continues to restrict the road to protect the tax payer. Making people have a bond or permit makes it so the taxpayers are not responsible for damages to the road and the bond can cover the cost of repairing the road. All standard vehicles are accepted under it already. Logging is not exempt.

Emily Fletcher The concerns are if you do choose to live on a town maintained road what is the tax paying public expected to be responsible for on a town paved road? When the tax no longer pays for the road’s repair how will it protect the road from damage? When a vehicle is on the road and creates damages shouldn’t they be liable? The town and the taxpayers expect a certain quality of roads where they live. People who destroy the roadways in a business sense should maintain them. Fuel taxes are supposed to contribute to maintenance of the roads. How do you enforce who damages the road? A lot of the problems are in the spring when the roads are posted and the police do not enforce the postings.

Others speaking in favor: the selectmen have to decide is who has the right to use that road. We haven’t had a clear answer on whether logging trucks are allowed on it. In the ordinance of July the following exemptions apply even if the road is posted to a vehicle with a gross weight of 23,000 lbs. or less: School busses, cars, home heating oil delivery trucks, gas coal \wood gasoline, groceries, bulk milk, bulk feed. Certificates accompany vehicles at all times relative to their registered weights. Permits for vehicles that exceed posted weights must carry a certificate with them at all times. It is not a perfect system now. Do have to post a bond with a permit?

Those speaking in opposition to posting the road

Mr. Bloomberg . I have lived on Menotomy Road for 28 years. It is a 2 l/2 mile dead end with 1500 acres of land that has access from Menotomy road,. At least 75% of it is in tree growth. It has to be actively managed and a plan approved in order to be in tree growth. With these regulations and weight limits, permits, the way the wood product industry is with the extreme small profit margins will put people out of business that are in a natural resource. Most of the land has been logged 4 or 5 times of history already. I own 65 acres and 57 is in tree growth. Some of this will sustain our retirement account. You are jeopardizing our retirement income, for reasons that I do not understand. The DOT from federal and state says that the more axels under the truck the less damage done to the road. Can we restrict use by axels? If your a trucker and operate a chip operation a chip trailer holds about 100,000 lbs. These guys are in business to harvest a natural resource. With that restriction they can’t do that now. I have no problem with the permit. If you say you have to get bonded it would cost me about $15,000.00 to conduct a logging operation. People say you get that back or part of it back, but the fact is that I still got to come up with $15,000.00. We keep getting into a deeper and deeper hole. This road has always been a bad road to begin with.

Holly Foster . Is there anyone who lives on this road that this affects negatively?

How many people would this effect? Currently?

Peter Fletcher . The tree growth is an issue, but it’s the use that is damaging the road now.

Selectmen Reply: We want to be able to protect the people who live on the road to do the things they want to do. If we need to post the road we can. We need to protect our investment of money that we spend on the road. We will figure out a way to post the road. We have more homework to do and come back to those who have concerns here and talk thru solutions to protect our investment and those who live on the road. We will build into a future agenda to reviewand better articulate our permitting process.

PUBLIC FORUM

EMA Chet Cjarette finished the main power hook up to the generator at MOMS. The will fire up to the generator on Monday. The exhaust system is all put up.

Review and approval of minutes of Dec. 6, 2007.

A motion was made to adopt the minutes of December 6 th. Mr. Cliff Hall seconded it and the motion carried 3-0.

Corrospondence to the board.

We received a letter from Mr. Dutton regarding an appointment to the planning board.

We also received a Historical preservation letter related to The Weston’s farm and it is being looked at as a historical landmark.

School resource officer's resignation letter.

Managers Report

Tomorrow we will have a representative from FCR going over the figures again related to single stream recycling. Personnel evaluation training is on 1//16 at 1:00 pm.

Treasurers Report

Budget for legal fees was $25,000 and we are at 29,050.00. We may need to put another 10-15,000 in undesignated funds into the legal account by special town meeting warrant. This will be discussed at another meeting. W-2 should be going out in the next week or two. The audit came today. The Selectmen wants Phil to ask them to send us an electronic copy so we can post it.

New Business

Discussion regarding other road issues: Menotomy Road, River Road, Federal Road.

Menotomy Road issues relating to access and plowing on the town road. Issue is the town road has a flume of water going into Ms. Lennon's driveway with a little bit of snow and a lot of rain. The barn foundation is being compromised. The road is not one of the winter closed roads. It is not posted for winter maintenance.

Someone is plowing that road and it is not the town of Fryeburg. It is a town road. Mr. Kevin Fellows was present and he said he was the one who plowed the road for these people who needed to get up to their camp.

Mr. Ferris, the camp owner offered that the plowing was not done with any malice to Ms. Lennon’s property. We’re willing to plow that road at our own expense to have a right of way. Every landowner has a right to get to their property.

The Selectmen stated that private individuals cannot plow a town road.

Mr Ferris: This all goes back to when we first bought the property. We intend to use the property for our kid's lifetime and will use it all seasons. The road is not posted as a non maintained road. We were told the town owned the road. 18 months ago or more we have had no communication about getting the road repaired. We have offered our property to people for access. The only reason it is not plowed is because the town wants to abandon the road. As far as the grading we budget so much and we have never been asked to include that road.

Further discussion with Treasurer regarding Town’s possible participation in pre-tax Section 125 Plan.

AFLAC contributions are being deferred as a pre-tax payment. Mr. Ed Wilkey made a motion to adopt the town’s participation in the pre tax 125 plan administered by Aflac at no cost to the town. Motion carries 3-0

Approval of the town Emergency Operations Plan

If we don’t enact the plan we will not be able to engage in any of the grants or training for the fire department, rescue, or police. We need to do this to get back into the system. Mr. Ed Wilkey made a motion to adopt the 2007 emergency operation plan. Motion carries 3-0.

Review of Auditing Engagement Letter.

The Auditor is coming on Jan. 17 th. Let’s carry forward item 9D to next meeting.

Draft Letter to the Water District.

A review of the draft letter by the board occurred with no other action. There is a Water District meeting On January 22 nd at 7:00 pm at the Molly Ockett Middle School.

River Road.

Dan Roy: The gate at River Road has to be closed. The gate has to be moved 2000 feet easterly. The issue I to move the gate 2,000 feet because there is going to be residents down there next year. It has to be public next year. The town has to plow it. The River Road has two houses on that section the other one has one house that is getting plowed out. Descriptions of the town roads only go 12 years back and they should have 30 years back. The River Road is a four rod road. We were denied the ability to get to our home from River Road. Because of the gate we were denied to build our house coming in from River Road. Overlooking the river is where we would like to have been. We invested 26,000 in upgrading the road for emergency purposes only.

Mr. Andrews: Dan went in and cleared my land and trucked it out of there and I spoke to him about it in a calm voice and he called me some names. We are settling this right away. If it’s an easement it is right over it. The power company is guilty of some wrong doing. But you can’t go on someone’s land and cut anything you want. Another problem is the Federal Road has water coming down and crosses Route 5 onto another piece of Roy’s property and it has diverted a lot more water down that same ditch. Last year the culvert wasn’t big enough and did some damage. That is an issue that has to be straightened out. I suppose that all the landowners have a right of way out there but you can’t have any right of way width that you want there is property on both sides of the road. Mr. Roy bought property on a seasonal road, why should the town open it up just for Mr. Roy? Mr. Roy is building a house out there next year.

Mr. Wilkey would like the board to find out what the status of the Federal Road is. As to the winter closings go it is a ten year period and. after one year you can change it.

We will find out the status of the road and work from there to form better relationships.

Mr. Roy had a petition to put on the warrant for the next town meeting that was presented to the board to change the status of Old River Road. This will given to the clerk to verify the signatures.

Old Business:

Septage Storage Facility Licensing

We can go ahead with the design of the changes required by DEP to the site and in the spring explain at the town meeting what's going on with the facility and get a sense of what we will need to finish the design work. This will be taken out of the septic account. Ed Wilkey made a motion to adopt this contract with the design of the changes to the septic facility. The motion carried 3-0. The Selectmen have authorized the manager to sign the contract on their behalf.

Possible Need for Special Town Meeting.

Unresolved issue of the Rec Directors overtime, road issues.

Budget guidance for the fiscal year .

The budget committee acts on behalf of the board. The Selectmen need to issue some guidance for them. The Selectmen need to think about the format, and see if that is the way we want to go. This matter will be discussed further at a workshop.

The meeting adjourned at 10:20 pm.

Respectfully submitted,

Ginny Manley

Recording Secretary

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