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
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