FII BOARD MINUTES

JULY 19, 2003

TOWN OF FRYE ISLAND FIRE BARN

 

I. CALL TO ORDER:

            Secretary Hommel called the meeting to order at 11:05 A. M.

 

II. ATTENDANCE

            The following Members were present: Diane Babineau, Peter Bearor , Tom Bishop, Nancy Founier, Dick Giggey, Carl Hommel, Dick Norris, Philip Perry, Jan Roberts and General Manager Wayne Fournier. The following visitors were present: Sylvia Bronstein, Lot 251, Ed Charrette, Lot 79, Marcialy Corradini, Esq., (Representing Steve Harvey, Lot 509), John Crosby, Lot 27, C. D. Decker, Lot 1678, Steve Harvey, Lot 509, Marge Hommel, Lot 68, Pat Karpacz, Lot 1620A, James Kuiken, Lot 323, Fritz Mueller, Lot 379, Don Nolan, Lot 36, Jim O’Connor, Lot 1054, Bob Roberts, Lot 111, Oleg Svetlichny, Lot 13, and Dave Treacy, Lot 501.

 

III. ELECTION OF OFFICIERS OF FII BOARD

            Dick Giggey and Nancy Fournier were nominated for the position of President. Nancy Fournier was declared winner of a written ballot. Fournier accepted the Chair.

            Carl Hommel was elected to the position of Secretary.

            Diane Babineau was elected to the position of Treasurer.

            Dick Giggey was elected to the position of Vice President.

            A.)  Tom Bishop was appointed to the position of Golf Committee Chairman.

                   Peter Bearor was appointed to the position of Marina Committee Chairman.

 

IV. ELECTION OF OFFICERS OF FRYE ISLANDERS BOARD

            Fournier MOVED and Roberts SECONDED that the officers of the Frye Islanders Board be the same as the FII Board of Directors. Motion PASSED unanimously.

 

V. APPROVAL OF MINUTES

            A.) The minutes of the Board meeting of June 19, 2003,
                    were approved as amended.

            B.) The minutes of the FII Stockholder’s meeting
                     of July 5, 2003, were approved.

            C.) The minutes of the Joint FII/BITEC meeting of
                     June 23, 2003, were approved.

 

VI. FINANCIALS

            A). The financial report was reviewed.

            B.) The audit is expected to be available this following week.

 

VII. TOWN LEASE

            A). Golf Club. No Report.

                        B). Marina Committee. See the minutes of the Joint FII/BITEC meeting of June 23, 2003, as noted above.

 

VIII. REAL ESTATE

            A). Appointment of Real Estate Steering Committee

                        Bearor, Giggey, Hommel and Norris and were nominated from the Board of Directors to be on the Committee. Giggey, Hommel and Norris were chosen by written ballot. It was decided not to select the four members from Stockholders at this time, but to request those who had submitted their names to the General Manager to come to the next Board meeting and be interviewed. The following had submitted their names: Ed Charette. Jeanne Sullivan-Toomey, Barbara Ereksom, Cathy Giggey, Debbie Marcionek, Oleg Svetlichny, and Paul Peterson.

 

            B.) The FII Board Code of Conduct was reviewed, and adopted unanimously. It will be posted on the Web Page. (See Attachment) Fournier stated that her brother and her brother-in-law had submitted bids for lots. Bishop stated that he had submitted a bid, and his brother had also submitted a bid.

 

            C.) Review of Bids.

                        1) Bearor MOVED and Norris SECONDED that all considerations of bids be tabled until the need for the money was reviewed. The motion FAILED by a vote of one affirmative and eight negatives.

 

                        2) The General Manager presented Blackmore’s counteroffer of $25,000 for Lots 1941 and 1942 as a buildable lot. Giggey MOVED and Babineau SECONDED that the Board accepts the counteroffer. Motion PASSED by a vote of seven affirmatives, one negative, with Fournier abstaining.

 

                        3.) The General Manager presented Fournier’s counteroffer of $16,000 for Lot 1114 as a buildable lot. Giggey MOVED and Babineau SECONDED that the Board accepts the counteroffer. Motion PASSED by a vote of eight affirmatives, with Fournier abstaining.

 

                        4) The General Manager presented Herzog’s counter offer of $16,000 Lots 1152 and 1153 as a Merge lot. The Herzog’s had withdrawn their offer for Lot 1141 as a pumpback lot. Fournier MOVED and Bishop SECONDED that the Board accepts the counteroffer. Motion PASSED unanimously.

 

                        5) The General Manager presented Decker’s counteroffer of $13,000 for Lot 1859 as a Privacy lot, based on his contention that $20,000 is FMV of a one-back on Ridge Road, based on recent sales. Hommel MOVED and Babineau SECONDED that the Board rejects the counteroffer, based on two recent sales of two Ridge Road one-backs for $34,000. Norris MOVED and Giggey SECONDED to amend the motion to hold our original counteroffer open for thirty days. The amendment PASSED unanimously. The amended motion PASSED unanimously.

 

                        6) The General Manager presented Pelissier’s request that the Board reconsider their original bid of $5,000 for Lot 1848 as a privacy lot. Hommel MOVED and Bishop SECONDED that the Board not reconsider their original bid. Motion PASSED unanimously.

 

                        7) The General Manager presented McCarty’s counteroffer for $17,750 (65% of the FMV of $27,000) for Lots 1217 and 1218 as a privacy lot. McCarty noted that he owned Lots 1214, 1215 and 1216, which are contiguous lots, and have therefore been merged. (His cottage is on Lot 1214.) Giggey MOVED and Roberts SECONDED to accept the counteroffer, on the condition that Lots 1214, 1215, 1216, 1217 and 1218 be deeded as one lot, and that he accept a deed restriction that the lots not be subdivided in the future. Motion PASSED unanimously.

 

                        8) The General Manager presented Bilodeau’s acceptance of our counteroffer for Lot 1848 as a pumpback lot for, $17,500.

 

                        9) The General Manager presented Catalano’s verbal request that the Board reconsiders his original bid of $1,000 for Lot 2 as a privacy lot, as he might need the lot for a future septic system. Fournier MOVED and Giggey SECONDED that the Board not reconsider their original bid. Motion PASSED unanimously.

 

                        10.) The General Manager presented a letter from Paul Peterson (see attachment) concerning Lot 283. Fournier MOVED and Babineau SECONDED that the FII Board not sell Lot 283 as a buildable lot. Motion PASSED unanimously.

 

                        11.) Fournier MOVED and Roberts SECONDED that further consideration of bids be postponed to the next meeting. Motion PASSED unanimously.

 

            D). Land adjacent to the Town Hall. General Manager Fournier reported that action on this has been deferred until some income has been received, at which time he will proceed with the purchase.

 

            E). Status of right of first refusal letters. No offers were received. Since the deadline for receiving them was June 30, 2003, there will be no consideration of such letters in the future.

 

IV. FERRY TRANSFER TO TOWN

            Fournier MOVED and Roberts SECONDED to table consideration of this to the next meeting. Motion PASSED unanimously. Hommel will send the results of the Assets Transfer Study performed by a previous FII Board to all new members of the Board.

 

X. GARCEAU LOT

            General Manager Fournier reported that he had consulted with the CEO on the Garceau Lot 1741. It was the CEO’s opinion that the lot is buildable without FII selling land to the Garceau’s to make the lot conforming.  No further action is required.

 

XI. OTHER BUISNESS

            A.) Steve Harvey, Lot 509, requested that the FII Board grant an easement from the end of Shoreveiw Circle to Lot 502, so that Lots 502, 506 and 509 will have access to Ridge Road. (See Attachment). Fournier MOVED and Hommel SECONDED to grant the easement. Motion PASSED unanimously. Harvey also requested that FII accept ownership of the future new road for his development. Fournier MOVED to table discussion until next meeting and Bishop SECONDED. Motion PASSED unanimously.

            B.) Ed Charrette, Chairman of the Town Conservation Commission, requested FII establish a beach committee to oversee use of the beaches, and make recommendations to the Town, which rents the beaches from FII. Giggey volunteered to act as Chairman of the Committee.

 

X. ADJOURNMENT

            It was MOVED and SECONDED that the meeting be adjourned. PASSED unanimously. The meeting was adjourned at 1.15 PM.


 



FII BOARD

 

CODE OF CONDUCT

 

 

Whenever a FII Board member is involved with, or has a relative who is involved with any transaction or any decision being considered by the Board, that member:

 

1. Shall declare that affiliation,

 

2. Shall leave the table and sit in the audience while any related discussions are occurring,

 

3. Shall not participate in those discussions, and shall abstain from voting,

 

4. Shall not attempt to influence any other Board members during the meeting, or at any other time,

 

5. Shall not attempt to influence other individuals involved with the transactions or other discussions during the meetings or at any other time.


 

ATTACHMENT

 

July 10, 2003

 

Mr. Wayne Fournier, Island Manager

Frye Island Board of Directors

1 Sunset Road

Frye Island, Maine 04071

 

Gentlemen:

 

My neighbor, Ron Lutz, and I are interested in learning from the Board of Directors' the status of the lot separating our two properties, lot 283 Leisure Lane.  We believe the lot has become an effective spring snow melt and rainstorm runoff mitigator.

 

For background, from my lot at 282 running to the Lutzs' at 284, the land drops to a low point in a swale that runs from Beach 10 past this section up to lot 287.  This basin also is significantly downhill as you move perpendicular to the road and away from the lake.  As a result, it is a very wet area.  Every spring I get 6 to 10 inches of water in my basement, which has created a rot issue that I am currently fighting.  Ron Lutz endured this same water problem for many years, culminating in the failure of his septic system due to a high water table.  At the time he built a new septic system adjacent to the road, he rather radically solved his water problem by raising his house up high and putting a full basement under it at "ground level". 

 

Most important, the Island not too long ago undertook some effective drainage control work in this area by creating ditches on the inland side of the road opposite lot 283 and moving up hill toward lot 287.  As you know, a 12-inch culvert was placed across the road from the ditch into lot 283.  This has helped the water situation a great deal.  Lot 283 is not buildable, in my opinion, without removing the culvert as any purchaser would require.  If the culvert were removed, it would make a very tenuous wetland situation considerably worse.  It is of great interest, however, for all of us in this area with cottages in the low section to keep this lot performing as an effective runoff buffer mechanism.

 

Mr. Lutz and I would like to get a sense of the Board's intent relative to lot 283, given the existing real estate policy, concerns regarding growth, but in particular, given the concerns expressed above. We look forward to hearing from you.

 

Sincerely,

 

 

Paul Peterson

 

 

cc: Mr. Ron Lutz


 

EASEMENT DEED

 

 

 

               KNOW ALL PERSONS BY these presents, that FRYE ISLAND, INC., a Maine corporation with its principal place of business in Frye Island, County of Cumberland, and State of Maine, with a mailing address of One Sunset Road, Frye Island, Maine 04071, for consideration paid, grants to STEPHEN J. HARVEY and ELIZABETH A. HARVEY, of Raymond, County of Cumberland and State of Maine, as joint tenants inter se and not as tenants in common, whose mailing address is 25 Rusty Road, Raymond, Maine  04071, GREGORY SAGE of Falmouth, County of Cumberland, and State of Maine, whose mailing address is of 14 Green Gables Way, Falmouth, Maine  04105, CONSTANCE DESJARDINS and ALBEO DESJARDINS, both of Greenland, County of Rockingham, State of New Hampshire, as joint tenants inter se and not as tenants in common, whose mailing address is 142 Great Bay Road, Greenland, NH  03840, JANIS E. McFARLAND and RICHARD A. McLAUGHLIN, both of Chapel Hill, County of Orange, and State of North Carolina, as joint tenants inter se and not as tenants in common, whose mailing address is 108 Stoneridge Drive, Chapel Hill, NC  27514, and R. MARK CARLSON and DIANNE M. CARLSON of North Reading, County of Middlesex, Commonwealth of Massachusetts, as joint tenants inter se and not as tenants in common, whose mailing address is 7 Winterberry Lane, North Reading, MA  01864, their respective successors, heirs and assigns forever, a right of way in common with others over land of the Grantor for the purpose of vehicular and pedestrian ingress and egress, including such access for emergency vehicles, and for the placement, repair, maintenance, inspection and replacement of utilities, over and under said right of way being situated on the southerly side of Shoreview Circle, so-called, in the Town of Frye Island, County of Cumberland, State of Maine, being more particularly bounded and described as follows:

 

BEGINNING at a 1” diameter iron pipe at the southeasterly corner of land of the Grantor, being also the southeasterly corner of lot 2025 as depicted on a plan entitled “Plan of Land in Standish Maine Owned By Sebago Lake Shores – Section No. 7”, sheet # 5 of 5, dated April, 1971, prepared by Wright, Pierce, Barnes & Wyman Engineers;

 

Thence N 44° 02’ 36” E along land of said Grantor and along said Lot 2025, a distance of 50.57 feet to a 1” diameter iron pipe and the southerly sideline of Shoreview Circle, so called;

 

Thence in a general easterly direction along the southerly sideline of said Shoreview Circle and along a circular curve to the left, circumscribed by a radius of 50.00 feet, an arc distance of 78.54 feet (chord bearing N 89° - 02’ – 36” E, a distance of 70.71 feet) to an iron rod with a cap marked “PLS 1271” and land now or formerly of Philip G. Sullivan and Cheryl A. Sullivan, as described in a deed recorded at the Cumberland County Registry of Deeds in Book 17829, Page 66;

 

Thence S 44° 02’ 36” W along land of said Sullivan, a distance of 55.08 feet to an iron rod with a cap marked “PLS 1271” and the northwesterly corner of land now or formerly of Gregory Sage, as described in a deed recorded at the Cumberland County Registry of Deeds in Book 19422, Page 101;

 

Thence N 88° 15’ 10” W, a distance of 67.60 feet to the point of beginning.

 

All bearings are referenced to magnetic north as observed in 1982.

 

The foregoing easement rights shall constitute a formal appurtenance of all those certain parcels of land situated in Frye Island, County of Cumberland and State of Maine described in more particular detail in the following instruments:

 

1.               Warranty Deed from Ronald G. Boulanger and Priscilla A. Boulanger to Elizabeth A. Harvey dated May 15, 2003 and recorded in the Cumberland County Registry of Deeds in Book 19387, Page 300;

2.               Warranty Deed from Elizabeth A. Harvey to Constance Desjardins and Albeo Desjardins dated May 15, 2003 and recorded in the Cumberland County Registry of Deeds in Book 19408, Page 221, as affected by Corrective Deed from the Grantor to the Grantee by deed of near or even date to be recorded in said Registry of Deeds;

3.               Warranty Deed from Elizabeth A. Harvey to Gregory Sage dated May 16, 2003 and recorded in the Cumberland County Registry of Deeds in Book 19422, Page 101, as affected by Corrective Deed from the Grantor to the Grantee by deed of near or even date to be recorded in said Registry of Deeds;

4.               Quitclaim Deed from Gary A. Holt to Janis E. McFarland and Richard A. McLaughlin dated November 7, 1997 and recorded in the Cumberland County Registry of Deeds in Book 13433, Page 177;

5.               Quitclaim Deed from Joseph A. Wyman, II, Cynthia N. Wyman, Richard R. Boulanger, and Norma L. Boulanger to Stephen J. Harvey and Elizabeth A. Harvey dated July 25, 2003 and recorded in the Cumberland County Registry of Deeds in Book 19830, Page 108;

6.               Quitclaim Deed from Stephen J. Harvey and Elizabeth A. Harvey to R. Mark Carlson and Dianne M. Carlson dated July 25, 2003 and recorded in the Cumberland County Registry of Deeds in Book _____, Page ___.

 

The Grantor herein expressly grants such easement rights for the benefit of the foregoing parcels of land, and to benefit all those certain lots or parcels of land that are the subject of the Plan of Emerald Point on Sebago Lake dated July 12, 2003 prepared by Land Services, Inc. and recorded in the Cumberland County Registry of Deeds in Plan Book 203, Page 412.

 

The Grantor also expressly grants to Stephen J. Harvey and Elizabeth A. Harvey the right to make such improvements to Shoreview Circle road, as anticipated in subdivision review, including, but not limited to repair, widening, grading, installation of culvert(s) and related outflow diversion, until the transfer of ownership in Emerald Point Drive.

 

          IN WITNESS WHEREOF, the said FRYE ISLAND, INC. has hereunto caused this instrument to be sealed with its seal and signed in its name by Wayne Fournier, its General Manager thereunto duly authorized, this ________ day of August, 2003.

 

Signed, Sealed and Delivered

in the Presence of:

                                                                                FRYE ISLAND, INC.

 

 

_____________________________                           By:________________________

WITNESS                                                                                                       Wayne Fournier                                                                                                                                                         Its General Manager

 

STATE OF MAINE                                                            August ______, 2003

CUMBERLAND, ss.

 

          Then personally appeared the above named Wayne Fournier, General Manager of Frye Island, Inc., and acknowledged the foregoing instrument to be his free act and deed in said capacity and the free act and deed of said Frye Island, Inc.

 

                                                                      Before me,

 

                                                                      __________________________

                                                                      Notary Public/Attorney-at-Law

 

                                                                      __________________________

                                                                      Printed Name

MGC\TBD\Deed-easement Frye Island Inc (rev 072303)