Selectmen say no legal funds left to fight mart’s violations

NEWPORT — When the town’s code enforcement officer requested money to proceed with legal action against Bates Bargain Mart for a land-use violation, he was told there were no legal funds left.

Jim Nagle said that he had compiled a file regarding complaints and violations dating back to 1985, including land-use violations, but the attorney involved would not be more specific regarding the legal case he is building.

The Board of Selectmen said that as unpleasant as their decision was, there was no way they could fund the suit, estimated to cost $2,500.

Robert Cox asked why Bates couldn’t be cited for illegally storing refrigerators with the doors on, and Newport Police Chief Jim Ricker explained the district attorney thought the open-air market did not violate the state statute, which specifies refrigerators must be abandoned to be in violation.

Bates is considered the caretaker of the refrigerators.

Cox said they are still a hazard and felt the town should pursue serving Bates with a summons for each refrigerator on the property, which was estimated to be several hundred.

Although the board conceded there was no money this year to take Bates to court, he should take under advisement that the town will pursue action as soon as money can be budgeted next year.

Several residents objected, calling the Bates site an “uncontrollable” hazard.

“Do we want to wait until some child climbs into one of those refrigerators and dies? Do we want to go to a funeral? And then say `gee, we should have spent the money’…, ” said resident Dick Beaulieau.

After the board voted to give the police the go ahead to take action, Ricker said he would contact the district attorney again and point out that the location is not secured or fenced, and that it is easily accessible to children.

Ricker also presented a proposed parking ban on a section of Route 2 in front of Bates Bargain Mart.

His comments about dangerous roadside parking evoked complaints from many attending the meeting about other locations in town.

Frank Giordano cited a dangerous parking condition on Route 7, just south of his business at the top of a hill. Normand Cote discussed the stop sign, and the lack of stopping motorists, where the Old Bangor Road meets Route 2.

Ricker said that the Department of Transportation intends to post the entire length of Route 2 when it repaves it. He said that he would back that recommendation.

The board said it would like to research banning parking within 10 feet of the roadside on the full length of Route 2, and planned to hold a public hearing so that property owners affected will be aware of the proposed change.

The board also plans to research the possibility of lowering the speed limit.

Pilgrim also said that the landfill closure process was approved by the state inspection team, and the check for reimbursement of closure costs will be issued shortly.

The check, for an estimated $66,000, will be applied to the general fund.

The money for the closure, $50,000, was taken from the general fund and was originally approved to purchase two new compactors for the landfill. Town officials have tabled purchasing the compactors while they research other options.

In other business, it was reported that Blue Rock Industries has completed repairs on the Fernald and Rutland roads, and that pending acceptance by a mutually-agreed upon expert, a check for $10,000 will be released to Blue Rock.

The check has been held in escrow since last fall when town officials determined that the work was substandard and needed to be redone.

Pilgrim also reported that the United Parcel Service lost the no parking signs originally ordered for Main Street, and they have been reordered.