FAYETTE — Today, Fayette Town Manager Mark Robinson is scheduled to testify in front of the Maine Legislature’s Criminal Justice and Public Safety Committee in favor of LD 1074. The bill would give property owners whose land is in a public easement some recourse for damages caused by motor vehicles.

“I see this LD as a benefit to all property owners with public easements,” said Robinson at Monday’s selectmen’s meeting.

In a written copy of his testimony that he provided, Robinson explained that “Today, both the road discontinuance law and road abandonment law processes lead to the creation and retention of public easements, leaving a situation whereby the public can use a road but is not obligated to contribute to its maintenance. Public dollars are not required to maintain public easements. This result is at the heart of controversies that confound and plague many municipal officials and property owners across the state.

“We all can agree that these road laws can be confusing. This confusion leads to excess time and expense for municipal officials and ultimately the taxpayer. This bill would at least give a person some recourse when a public easement is damaged, which really isn’t available now.”

The bill as proposed states that a person commits a Class E crime when, with their vehicle, they cause damage or destruction to farmland, forest land, or a public easement. A public easement means an easement held for the purposes of public access to land or water retained as the result of abandonment or discontinuance of a public way.

Selectman Ken Morrison stated that law enforcement and emergency responders, in the performance of their jobs, should be exempt from this law, that they shouldn’t have to worry about being charged with a crime. He expressed his concerns about the bill’s wording.

The board gave Robinson the go-ahead to testify by a 4-0 vote, and asked him to suggest modifications that would exempt law enforcement and emergency responders.

A brief discussion was held amongst Robinson and the board regarding the 2015-16 municipal budget, which selectmen will discuss in further detail at their April 27th meeting. Robinson noted that the fuel line for heating oil, diesel, and propane is down considerably because of the bid the town secured successfully early in March when fuel prices were low. The savings will allow the town to take on some new expenses while maintaining a flat budget, he said.

Selectman Joseph Young pointed out that the amount in the budget for asphalt and chip sealing on roads was down $111,000. Robinson said that this reflects the amount the town received from the state of Maine’s Local Road Assistance Program of $38,000.

“We just haven’t budgeted in this budget the amount we want to spend,” added selectman Jon Beekman.

Robinson suggested the town take out a five-year bond for road improvements, “and refinance our balance from 2010.” In 2010, the town took out a 10-year road bond.

Robinson said that he had talked to Ron Simbari of All States Materials Group about the likelihood of liquid asphalt decreasing in price next year. “His thinking was liquid asphalt will be at its low point sometime in early June,” said Robinson.

Young said he liked the idea of going out to bond, “but it also depends on what’s included in the bond.” Richmond Mills Road in particular needs a lot of work, he said.

Young wondered if there was a way the town could lock into low asphalt prices with a winter bid, when the rates were least expensive.

The proposed school budget is $1,705,862, a decrease of $39,942 from last year. Beekman noted that the Fayette School Committee had recommended less surplus be applied to this year’s school budget.

“I really hope they address the heating exchange system as soon as possible,” he said. The Fayette Central School has had problems for a number of years with some classrooms being too hot and others too cold. Robinson admitted that he had gone around the building with a temperature sensing device to try to figure out where it was losing heat, but couldn’t determine where the heat loss was taking place.

A draft budget warrant is slated for approval at the April 27 selectmen’s meeting at Fayette Central School at 7 p.m. There will be a public hearing on the budget on May 4 at Fayette Central School at 7 p.m., and final warrant approval at the May 26 selectmen’s meeting, at Starling Hall at 7 p.m.

A public hearing on the warrant is scheduled for Monday, June 1 at 7 p.m. at Fayette Central School. Elections take place at Starling Hall on June 9 from 8 a.m.-8 p.m., followed by the annual town meeting at Fayette Central School on June 13 at 9 a.m.

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