MINUTES OF THE TOWN MEETING

JULY 3, 2004

 

 

The location of the meeting was the Community Center, Town of Frye Island

 

The meeting was called to order at 9:30 AM by Wayne Fournier, Town Clerk

 

MOTION to nominate Joe Potts as Moderator made by Bob Roberts and

seconded by Phil Perry

There were nine (9) ballots cast for Joe Potts

 

Joe Potts was sworn in as Moderator by Nancy McEnaney, Deputy Town Clerk

MOTION to adopt the following procedures for this meeting  made by Bob

Roberts and seconded by James Kuiken:

     1.  Utilize the Maine Moderator's Manual in the conduct of business

 

     2.  Follow the guidelines established by MMA for Town Meetings & Elections

 

     3.  Incorporate the vote of the Board of Island Trustees into the Town Meeting

          flow of business when appropriate, and

 

     4.  Limit the discussion of any one person to no more than three (3) minutes

          per issue

 

24 Votes cast in favor - 0 votes opposed

 

Motion carries unanimously

 

Warrant Article #2, To vote by written ballot to elect one (1) person to a three (3)

year term as Selectmen.

MOTION to nominate Bob Roberts made by James Kuiken and seconded by

John Crosby

 

There were 34 votes cast for Bob Roberts

 

Warrant Article #3, To vote by written ballot  to elect one (1) person to a three (3)

year term as School Administration District #6 Board Member.

MOTION to nominate Oleg Svetlichney made by James Kuiken and seconded

by Ed Charrette

 

MOTION to close nominations made by Bob Roberts and seconded by James

Kuiken - Unanimous

 

There were 31 votes cast for Oleg Svetlichney

 

Recess Town Meeting - Open BIT Meeting

 

To vote by written ballot to elect one (1) person to a three (3) year term to the

Board of Island Trustees Executive Committee.

 

MOTION to nominate Bruce Nisula to the Board of Island Trustees Executive

Committee made by James Kuiken and seconded by Mark Thomas

There were 147 votes cast for Bruce Nisula

 

MOTION to recess BIT Meeting until conclusion of Frye Island, Inc. Meeting

made by James Kuiken and seconded by Bob Roberts - Unanimous

 

Recess BIT Meeting Reconvene Town Meeting

 

MOTION to recess Town Meeting until conclusion of Frye Island, Inc. Meeting

made by James Kuiken and seconded by Bob Roberts - Unanimous

 

Recess Town Meeting Reconvene BIT Meeting

 

MOTION to approve Warrant Article #4, To see if the Town will vote to authorize

and direct the Selectmen and Treasurer, at their discretion, to sell by sealed bid or

public auction and convey quit-claim deed, any real estate acquired from tax sources

by the Town, or to convey the property to the prior owner upon payment

in full of all taxes, interest and charges incurred by the Town.  Selectmen reserve

the right to reject any and all bids.

Motion made by Dave Treacy and seconded by Diane Babineau

 

There were five (5) votes opposed - motion carries

 

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #4 as approved in the BIT Meeting made

by Dick Norris and seconded by John Crosby - Unanimous

 

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION to approve Warrant Article #5, To see if the Town will vote to authorize

the Selectmen and the Treasurer, on behalf of the Town and any of the Town's

departments, to accept gifts, real estate, donations, and other funds, including

trust funds that may be given or left to the Town, and to grant the Selectmen the

further authority to expend such sums of money as they deem necessary  from

these donations or for their designated purposes.  These expenditures  may be

reflected outside of the Town's approved budget.

Motion made by Oleg Svetlichney and seconded by Dave Treacy

 

There were four (4) votes opposed - motion carries

 

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #5 as approved in the BIT Meeting made by

Dick Norris and seconded by Ernie Wrzesinsky - Unanimous

 

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION to approve Warrant Article #6, To see if the Town will vote to authorize

the Selectmen and the Treasurer to accept and expend, on behalf of the Town, any

Federal or State funds received in the forms of grants during its fiscal year.

Motion made by John Crosby and seconded by Diane Babineau - Unanimous

 

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #6 as approved in the BIT Meeting made

by Bob Roberts and seconded by Oleg Svetlichney - Unanimous

 

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION to approve Warrant Article #7, To see if the Town will vote to authorize

the Selectmen to expend such sums of money as they deem necessary from the

Capital Reserve accounts for their designated purposes.  These expenditures may

be reflected outside of the Town's approved budget.

Motion made by John Crosby and seconded by Oleg Svitlichney

 

There was one (1) vote opposed - motion carries

 

Recess the BIT Meeting - Reconvene the Town Meeting

 

MOTION to accept Warrant Article #7 as approved in the BIT Meeting made by

Dick Norris and seconded by Bob Roberts - Unanimous

 

Recess the Town Meeting - Reconvene the BIT Meeting

 

MOTION to approve Warrant Article #8, To see if the Town will authorize the

Selectmen, on behalf of the Town, to take whatever actions are necessary for

the Town to become a member of the Maine Municipal Association Property

and Casualty Pool Program, including but not limited to the execution of any

contract required for such membership and the payment of any required fees

or charges.  The authority granted herein shall be continued.

Motion made by John Crosby and seconded by Pat Karpacz - unanimous

 

Recess the BIT Meeting - Reconvene the Town Meeting

 

MOTION to accept Warrant Article #8 as approved in the BIT Meeting made

by Dick Norris and seconded by Oleg Svetlichney - unanimous

 

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION to approve Warrant Article #9, To see if the Town will vote to authorize

the Board of Selectmen, on behalf of the Town, to join with other participating

municipal and quasi-municipal employers to group self-insure for the provision

of Workers Compensation benefits, as authorized by 39A MRSA Sec 403, said

group to be known as the "Maine Municipal Association Compensation Fund"

(Fund); and for that purpose and in consideration of the mutual covenants and

agreements among the participating employers, to authorize the Board of

Selectmen to enter into Fund Indemnity agreement on behalf of the Town and

take whatever other actions may be necessary.  The authority granted herein

shall continue until revoked.

Motion made by Diane Babineau and seconded by Oleg Svetlichney - unanimous

 

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #9 as approved in the BIT Meeting made

by Dick Norris and seconded by Bob Roberts - unanimous

 

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION to approve Warrant Article #10, To see if the Town will vote to authorize

the Treasurer and the Board of Selectmen, on behalf of the Town, to borrow an

amount not to exceed $500,000.00 to finance a portion of the costs (including

soft costs and legal and other professional fees) for improvements and upgrades

to the Frye Island water distribution system, and to issue the Town's general

obligation bonds and notes in anticipation thereof, for a term of not greater than

twenty-one (21) years at an interest rate not greater then 6.50%, with such

other terms and conditions, including provisions for early redemption or

repayment, as may be approved by the Treasurer, and to further authorize the

Treasurer, on behalf of the Town, to take any and all other action and to sign

such other documents and certificates as may be necessary or convenient to

accomplish such borrowing.

TREASURER'S CERTIFICATE

 

The undersigned Treasurer of the Town of Frye Island hereby certifies that:

 

     1.  The total amount of general obligation indebtedness of the Town of Frye

          Island currently outstanding is $-0-

 

     2.  The total amount of general obligation indebtedness of the Town of Frye

          Island authorized, but unissued is $-0-

 

     3.  The total amount  of general obligation indebtedness of the Town of Frye

          Island contemplated to be incurred of the question authorizing issuance

          of such indebtedness is ratified is not in excess of $500,000.00

 

     4.  The anticipated maximum interest rate on the debt is 4.50%.  Assuming

          the issuance of the full $500,000.00 of debt to be authorized, level principal

          payments over a twenty-one (21) year term and an interest rate of 4.50%,

          the interest cost associated with borrowing would be $273,786.00, which

          would result in a total cost of principal and interest to be paid at maturity

          of $773,786.00

 

The foregoing represents an estimate of costs associated with the financing and

such estimates will change due to market conditions.  The validity of the voters'

ratification of the note shall not be affected by any errors in the foregoing

estimates.  The ratification by the voters is nevertheless conclusive and the

validity of the note issue is not affected by reason of any variance of actual costs

from the estimates provided here in above.

 

___________________________________            Treasurer

                                                                               Town of Frye Island

 

Motion made by John Crosby and seconded by Dave Treacy - Unanimous

 

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #10 as approved in the BIT Meeting made

by Oleg Svetlichney and seconded by Bob Roberts - unanimous

 

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION to approve Warrant Article #11, To see if the Town will vote to

approve the Transfer Station Fee Schedule as recommended by the Board

of Selectmen.  If approved, the effective date of implementation will be

January 1, 2005.

Motion made by Pat Karpacz and seconded by Jackie Atkinson

 

There were eighteen (18) votes opposed - motion carries

 

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #11 as approved in the BIT Meeting made

by Dick Norris and seconded by Dave Treacy - Unanimous

 

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION to approve Warrant Article #12, To see if the Town will vote to

approve the ordinance known as the Building Permit Ordinance as recommended

by the Board of Selectmen.  If approved, the effective date of implementation

will be January 1, 2005.

Motion made by Carl Hommel and seconded by Ernie Wrzesinsky - unanimous

 

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #12 as approved in the BIT Meeting made

by Dick Norris and seconded by Dave Treacy - unanimous

 

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION made by Ernie Wrzesinsky and seconded by Dave Treacy to approve

Warrant Articles #13 through #16 in one vote

After a brief discussion the second and motion were withdrawn

 

MOTION to approve Warrant Article #13, To see if the Town will vote to authorize

the Selectmen and the Treasurer, on behalf of the Town and any Town's

departments, to accept the Marina and Quail Circle Canal, and all the Marina

related improvements and assets of Frye Island, Inc. including without

limitation, all docks, facilities, and property, subject to all restrictions, easements

and rights of record if so offered by the Stockholders of Frye Island, Inc.

Motion made by Carl Hommel and seconded by Phil Perry

 

56 votes in favor - 13 votes opposed

 

Motion carries

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #13 as approved in the BIT Meeting made

by Dick Norris and seconded by Bob Roberts

27 votes in favor - 4 votes opposed

 

Motion carries

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION to approve Warrant Article #14, To see if the Town will vote to authorize

the Selectmen and the Treasurer, on behalf of the Town and any of the Town's departments, to accept the Frye Island Golf Course, and all Golf Course related

improvements and assets of Frye Island, Inc. including without limitation, all

associated equipment, facilities and land described as "Running Hills Golf

Course" on the Town of Frye Island Use Map dated September 1, 2003, (edited

09-05-03) subject to all restrictions, easements and rights of record, (including

the undeveloped nine holes) if so offered by the Stockholders of Frye Island,

Inc.

Motion made by Diane Babineau and seconded by John Crosby

 

54 votes in favor - 9 votes opposed

 

Motion carries

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #14 as approved in the BIT Meeting made

by Dick Norris and seconded by Oleg Svetlichney

26 Votes in favor - 4 votes opposed

 

Motion Carries

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION to approve Warrant Article #15, To see is the Town will vote to authorize

the Selectmen and the Treasurer, on behalf of the Town and any of the Town's departments, to accept Lot #1 and the building currently being used as the Town

of Frye Island Administrative Offices including the adjacent land identified as

"Water Oriented Commercial" on the Town of Frye Island Land Use Map dated

September 1, 2003 (edited 09-05-03) and all related improvements and assets of

Frye Island, Inc. including without limitation, all associated equipment, facilities

and property, subject to all restrictions, easements and rights of record, if so

offered by the Stockholders of Frye Island, Inc.

Motion made by Jackie Atkinson and seconded by Dave Treacy

 

52 votes in favor - 4 votes opposed

 

Motion carries

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #15 as approved in the BIT Meeting made

by Bob Roberts and seconded by Dave Treacy

29 votes in favor - 2 votes opposed

 

Motion carries

Recess Town Meeting - Reconvene BIT Meeting

 

MOTION to approve Warrant Article #16, To see if the Town will vote to authorize

the Selectmen and the Treasurer, on behalf of the Town and any of the Town's departments, to accept Lot #2 and the building currently being used as the Town

of Frye Island Post Office and all related improvements and assets of Frye Island,

Inc. to the Town of Frye Island including without limitation, all associated equipment, facilities, and property, subject to all restrictions, easements, and

rights of record, if so offered by the Stockholders of Frye Island, Inc.

Motion made by Carl Hommel and seconded by John Crosby

 

54 votes in favor - 3 votes opposed

Motion carries

 

Recess BIT Meeting - Reconvene Town Meeting

 

MOTION to accept Warrant Article #16 as approved in the BIT meeting made

by Bob Roberts and seconded by Oleg Svetlichney

27 votes in favor - 1 vote opposed

 

Motion carries

MOTION to adjourn Town Meeting made by James Kuiken and seconded by

Bob Roberts - unanimous

 

Reconvene BIT Meeting

 

MOTION to adjourn BIT Meeting made by James Kuiken and seconded by

Pat Karpacz - Unanimous

 

Respectfully submitted,

James L. Kuiken