MAY 26, 2007


The meeting was conducted at the Town Community Center Meeting Room.


The meeting was called to order at 09:05 AM by John Nun.


SELECTMEN:  John Nun, Brian Walker, Grace Morin.


BIT EXECUTIVE COMMITTEE:  Bruce Nisula, Joe Potts (by teleconference), Bob Miner, John Nun, Brian Walker, Grace Morin.

TOWN MANAGER:  Wayne Fournier

TREASURER:  Carl Hommel


PUBLIC:  Oleg Svetlichny, Ed Charrette, Dave Bond, Dave Tracey, John Crosby, Steve Persson, Brian Nisula participated.



Carl Hommel advised the Board of the provisions of Maine Title 1, Para 405, Executive sessions and pointed out violations that occurred at the 17 Feb  BOS meeting.  John Nun said that correction of those violations was the subject of the 29 March BOS meeting and again apologized to Carl for the inconvenience.


Project Updates

Ferry Ramp Repairs:

New Apron:  Wayne reported that repairs are essentially complete; the ramps appear to be working OK with still some minor work to be completed.

Haul-Out:  Wayne reported that the pull-down winch is working, there is some work undone but town has held back sufficient funds to complete the work even if original contractor does not complete; that there is some twisting in the center of the I-beams that needs to be realigned and reinforced to preclude future twisting.  The town has dropped the suit against the designer as being more expensive to follow-up than what would be gained by pursuing the suit.

Remaining work:  Of the original $70K allocated to Ferry repairs, we have completed raising the ferry handrails ($3.5K); replacing pilings on the mainland ($10.5K); rebuilding the ramp and gantry (35K); and the engineering services associated with these modifications (8.7K) totaling 58K. Additional money will have to be appropriated to complete the new apron for the Island ramp and other significant repairs to the ferry haul out facility and the island slip way.

Toomey Appeal Update:  BOS discussion of the Toomey appeal status was delayed until Mr. Toomey, who had called Wayne the previous evening to indicate he wanted to participate by telephone conference, came on line.  Mr. Toomey did not call and the item was not discussed.

Frye Island vs. State of Maine Update:  Wayne again reported that all written draft rebuttals were submitted in September 2006.  The Superior Court Judge, after setting a date for oral arguments, later cancelled the oral arguments and stated that he would decide the case without hearing oral arguments. We are still waiting that decision.  Nothing has changed.   There is a possibility that the proposed statewide school redistricting plan could be holding this up but there have been no actual indications of this happening.

Water System Upgrade:  Wayne had provided a copy of the contractor’s draft findings briefing via email.  Most BOS members had performed a cursory review prior to the meeting and comments were generally positive.  Of significance was the initial cost estimate of $3M if the entire project were contracted out.  Wayne said the contractor would like any comments on his initial findings and recommendations for incorporation into the final product.  John requested that any  comments be forwarded to Wayne NLT Monday, 3 June. 

Long Beach Marina Dredging:  Wayne has had more conversations with DEP.  They still feel that we need to dredge out a little further (still within the original plan limits) or it will silt right back in.  They have confirmed that a full permit is needed.  Tom Dubois, from Main-Land Development Consultants Inc., is preparing the permit application for the DEP which should be submitted by 6 June.  Del Wescott has submitted an estimate for barge dredging which is now $8-10K.

Town 2006 Audit:

Wayne reported reported that Talbot would get the audit completed by 15 June but that he had to do a Manager’s Discussion and Analysis.  Talbot indicated to Wayne that the town audit was looking good.

Pending Permits/Applications:

Wayne stated that the town had two pending permits; 1- Marina dredging, noted above, and 2 – Permit to operate the Transfer Station, the first time this has been done.  DPW is working the permit with DEP, they have requested soil testing under the chip pile, Mr. O’Grady, an abutter, has asked to be kept informed on the status of the permit.  Wayne indicated that the town had to inform all abutters so this was not an issue.


Approve Carry Forwards from 2006 appropriation to 2007 budget:

MOTION by Nun to carry forward $20,000 from 2006 appropriation to 2007 budget for the Water System Engineering Study, seconded by Morin – UNANIMOUS.

Ferry E-tickets:

Wayne indicated that we are approaching the point where we could implement a pilot program for ferry e-ticketing.  He has determined that the cost to do an e-ticket is about equal to the cost of printing the present paper tickets.  There are still details to be worked out, such as payment methods, which could add additional cost, and these need to be resolved.  All agreed that we need to implement something to improve accountability and to ease the accounting burden on the ferry crews and town office.  BOS members were urged to check out the web site provided by Wayne.  No further action at this time.

Appointment of SAD-6 Representative:

The incumbent’s (Oleg Svetlichny) term expires in July, not due for election until October Town meeting.  Oleg indicated he would accept interim appointment until next election.

MOTION by Nun to appoint Oleg Svetlichny as Town SAD-6 representative until the next scheduled Town meeting in October 2007, seconded by Morin – UNANIMOUS.

Appropriate $30,000 from Ferry Reserve to cover additional cost of new apron on the Island dock, repairing haul-out carriage, and Island slipway:

Wayne briefed the list of ferry major repair items to be funded from Ferry Reserve and it had grown to a total cost of $106,907 with a shortfall of $37,000 and a few items (Island slip wall fender, chain boxes, I-beam reinforcement and possible addition of more seats on the ferries) to complete the list.  After consideration of the importance of installing radar, the amount was increased to encompass the cost of either a radar screen or a dual screen with radar and GPS guidance.

MOTION by Nun to appropriate up to $40,000 from the Ferry Reserve for the major improvements listed above, seconded by Walker – UNANIMOUS.

Polling Place Survey:

Wayne reported that the Town had to correct 2-3 relatively minor items, related to handicapped requirements, to the Community Center, he was looking into costs.  It would not be practical or affordable to bring the ferry trailer up to standards as a winter polling place.  No further action required by the Board at this time. 

Long term Direction:

Transportation Committee Report (Brian Nisula): 

Ferry Boat Discretionary Program (Dave Bond):

Winter Office (Wayne):

Willis Property:

There was a long discussion by all board members, with public participation, that generally concluded that long term direction needs to be addressed very soon in update(s) to the Town Comprehensive Plan.  The Planning Board needs to work closely with all the town committees to incorporate a realistic, affordable plan for all long term projects, particularly transportation (to include ferry), water (about to get underway with somewhat of a separate plan), and island facilities in general.  It will be difficult for the town to apply for funds under the Ferry Boat Discretionary Program without a plan in place to show how the funds will be spent; the ferries are just a part of the overall transportation problem.  The current approach to the winter office is generally not acceptable; what will be needed in the long term is definitely related to how the town intends to use the Willis property and so is the direction we intend to take in transportation.  With so many inter-related issues, the issue is referred to the Planning Board for immediate and long term action in association with the town committees and officials.  Further action is tabled until the next meeting of the BOS.

Trade of 1988 Chevy PU for 1995 Chevy PU for DPW:

Wayne requested that the BOS approve trade of the 1988 PU, the no-longer used chipper and $500 for a 1995 Chevy PU (bluebook on the order of $4500) from Vic Salomini.

MOTION by Nun to approve the trade as described, second by Walker – UNANIMOUS. 

LD 1838 – Proposed legislation “An Act to Ensure Safety on Freshwater Ferry Vessels”:

Wayne reported on the status of subject legislation sponsored by our Representative, John Robinson.  First hearing was attended by John Nun, Wayne and John Crosby; second hearing by John Nun.  The Town had sufficient substantive comments (previously provided to BOS members) on the proposed legislation that the Committee moved to table the Act until the next legislative session and that the Town of Frye Island support DOT and Department of Inland Wildlife and Fisheries in a rewrite of the Act.

Approve Cumberland County Communications contract for police dispatching and Cumberland County Emergency Plan:

After some discussion it was decided that the town really had no choice but to approve the contract and plan, that applied to all the towns in the county, and to pay the required fees.  In order to take advantage of 911 emergency communications and support the town would have to participate.

MOTION by Nun to approve the Cumberland County Communications contract and pay the fees out of existing appropriations and approve the Cumberland County Emergency Plan, second by Morin – UNANIMOUS.

Fee complaint from Paul Murphy Lot #1724 and David O’Grady Lot 1112:

Wayne informed the BOS of the complaints and that the town lawyer was involved in looking at the complaints on permit and water connection fees.  Since the question of non-applicability of impact fees was raised in one of the complaints, Nun asked Wayne for a legal opinion on applicability or non-applicability of impact fees; he had an issue with whether the 2006 board understanding that impact fees were not applicable since the island was already fully developed (all lots were laid out); was the island really developed since the water system was only sized for about 2/3 of the island; the roads to some of the not-yet built parts of the island were inadequate; and other facilities will likely need expansion to complete the island build-out; in other words, are impact fees really not applicable to Frye Island.

East Pump House Proposal:

Wayne and John Crosby presented a proposal to replace the East pump house, that it was rotting away and repairs would not do the job any more.   The cost to the town would be about $72,000 including labor (partly volunteer) and materials and a new backup generator.  For an additional $9,000(+) the a larger generator could be purchased that would also provide backup power for the golf course pumps and there could be sufficient water with hydrants installed in the golf course line to provide hydrant pressure and volume to fill fire engine tanks.  Wiring and plumbing modifications for the additional capability are included in the town estimate. 

MOTION by Nun to appropriate up to $72,000 from the Island Reserve Fund to replace and upgrade the East pump house, second by Walker – UNANIMOUS.

Foreclosure Update: 

Wayne reported that previous foreclosures are closed out and there are no foreclosures underway at this time.

Results of SAD 6 referendum vote held on May 22nd:

Wayne reported the results of the school referendum; both items passed.  On the first, Frye Island was against, 4 to 5; on the second the town was against 2 to 7.

Parking in Office/Store area:

Wayne indicated that, in order to open up more parking area in the vicinity of the office/store/post office, the area to the right of Sunset in the divide could be used by town employees.  The area would need some fill and gravel because it is very soft and muddy in rainy weather.  DPW would do the work to make the area useable.

Other new business:

Wayne reported that MME Health Trust has an income protection plan that can be made available to town employees at no cost to the town (very low payroll deduction).  This could provide protection to our employees who have almost no benefits.

Wayne reported that Harry Malloy had resigned from the Zoning Board of Appeals and that Paul Peterson had resigned as Chairman of the Planning Board but had indicated he could still serve on the Board, albeit in a limited capacity.    There was no indication of when the Board of Appeals would reschedule the cancelled 26 May meeting due to uncertainties of getting a quorum.


Meeting Minutes:

MOTION by Nun to approve minutes of 17 February, 29 March and 17 April 2007 Board meetings, previously provided, seconded by Walker – UNANIMOUS.

Year to Date Financials:

Wayne presented financials through April with detailed discussion of significant items.  Overall, the numbers are in good shape compared to last year at the same time.  There are some corrections that need to be completed for the Golf Course between charges applied to the lounge and course operations.  The ferry operating costs are running higher than normal, due primarily to the transmission, propeller and steering problems that occurred early on.  Ferry revenues are running somewhat lower than last year, partly due to late opening.

Cumberland County Taxes for 2007:

Wayne reported that there was a shortfall of approximately $3,000 in the 2007 budget due to unanticipated large raise in county taxes and that there would be a significant increase in the next year.  He indicated that the Town assessment rate was on the order of 56% which was not a major issue but was indicative of how sales are really affecting the state assessment rate.  The town reassessment reserve has about $2,000, part of which he intends to use to look at the assessment factors between waterfront, one-backs, and inland properties which appear to have shifted.  The BOS agreed.

MOTION to adjourn at 12:05 PM made by Nun, seconded by Walker – UNANIMOUS



Respectfully submitted,

John B. Nun