Poland Spring delays decision on donations until lawsuit resolved

By David Carkhuff

Before hammering out a policy for how to make charitable donations to Fryeburg, Poland Spring wants to wait for a ruling in a lawsuit the bottled-water company filed against the town over the company's plans for a truck-filling station along Route 302.Nestle Waters, the parent company of Poland Spring, filed a complaint for review of government action on Feb. 9 in Oxford County Superior Court to challenge the action of the Fryeburg Board of Appeals, which sided with East Fryeburg residents who are opposed to the company's proposed truck-filling facility. The appeals board determined that the town planning board, in approving the station, hadn't given adequate consideration to the effects of the proposed facility on the use and enjoyment of property by neighbors and on their property values.Citizens have filed a cross appeal. This court action opens up broader issues than those contained in the Nestle Waters complaint for review and could further hamper Poland Spring's plan for the facility."Once we get the lawsuit behind us, we'll come back with an outline of a proposal for your consideration," saidElizabeth Swain, vice president of Barton & Gingold in Portland, Maine, a regulatory, environmental and public policy management firm representing Poland Spring.Speaking at the April 27 Fryeburg selectmen's meeting, Swain and Thomas Brennan, regional natural resource manager for Poland Spring, responded to selectmen's request that the company donate directly to the town's general fund rather than target its gifts to specific needs."I'm not here with a plan, it wouldn't be appropriate at this moment in time, just because, whether you like it or we like it or not, we are in a lawsuit at the moment. Hopefully, that will move expeditiously and get behind us," Swain said.But Swain extended an olive branch to the board, noting that Fryeburg could be a test site for a new corporate approach to charitable giving."What Poland Spring is looking for is a process that we can count on that connects us with the charitable giving but gives you something that you can rely on. So that's the framework that we're thinking about for '06," Swain said.The policy likely would combine predictability with flexibility.Selectman David Knapp said he drafted a letter requesting general fund donations on behalf of the board out of concern about targeted donations."I think it's not a very effective way to run municipal government with a big wish list. We really feel if they're serious about donating funds to the town of Fryeburg they can donate to the general fund," he explained last December when the letter, signed by Fryeburg selectmen Knapp, Jim Dutton and Ed Wilkey, was sent to Swain.Swain estimated the company gave more than $30,000 in charitable donations to Fryeburg last year."We're thinking about trying an experiment here, and working with you on a process for the next few years that's going to make sense. Not making an ironclad decision across the country but let's try something new out," she said."What we're thinking of doing moving forward really centers around the need that we've heard from you, which is the need for predictability," Swain elaborated. "What Poland Spring tries to do with our charitable donation policy, which is part of our overall good neighbor policy, is to build some partnerships in the communities in which we do business. By that I mean, we want to help understand and meet your needs. We think that's good for our relationship in communities, it's good for business, and hopefully it's good for the community. It's good for both of us."Dutton said he welcomed the communication and welcomed the Poland Spring representatives back to the table.Wilkey said, "I think it's good that we open discussion, and hopefully we can come up with a formula."Brennan said he welcomed the chance to visit with selectmen several times a year.While Brennan didn't talk about charitable giving, he complimented the Fryeburg Aquifer Resource Committee, which is overseeing analysis of the Ward's Brook aquifer, for all of the data collection this volunteer committee has done."Our monitoring program continues as it's been in place, adapting as we learn more," Brennan said of Poland Spring, which buys bulk water from Pure Mountain Springs, which in turn purchases the water from the Fryeburg Water Co. "We have more than 40 monitoring wells that we collect information from, stream flow data, and we'll continue to do that."Ken Brown, a citizen who attends many of the selectmen's meetings, made a statement in opposition to the town accepting gifts from Poland Spring."Beware of the Trojan horse, Poland Spring is the Trojan horse," Brown said. "Someday, for all of the money that they're putting into this little town. ..."Dutton interrupted, warning that the meeting with Brennan and Swain was not a public forum. He asked that Brown's statement be focused on the issue of gifts."There's a quid pro quo," Brown said, referring to his belief that Poland Spring would expect reciprocation from the town.In recent years, Poland Spring also has supported a number of town needs, donating to a volunteer-driven analysis of the town aquifer; contributing money for a sign at the fire station; donating to an effort to paint the old town hall; and providing a grant through its parent company, Nestle Waters, for a flat-bottom Saco River patrol boat. Most recently, the company responded when the gymnasium at Fryeburg Academy burned down and pledged $100,000 in support to the rebuilding effort.Selectmen wrote, "The board of selectmen appreciates Poland Spring's interest in monetary contributions to our community. We believe, as you do, that it is good corporate policy to donate to those communities that give so much to your company's success."That said, we also feel that requesting particular items of equipment or specific amounts of money for operational or capital expenses from a private corporation is inconsistent with good municipal governance. We believe that this practice undermines practical budget realities, obviates the need to force our municipal departments to plan their budgets prudently and with realistic life-cycle replacement costs, practical operations and maintenance programs, and provides unrealistic expectations regarding costly 'nice to have' items."The board feels that the best use of donated funds is in the form of a cash donation to the Town of Fryeburg's general fund in the amount of $300,000. This contribution to the town's general fund would allow the Board of Selectmen to initiate much-needed capital improvement accounts, road-building accounts and possibly even allow the town to defray some costs to all of the citizens of Fryeburg through tax rebates or other town-wide initiatives."In the future, the town would be pleased to continue to request cash donations for dispensation by the board as it sees fit. Poland Spring is welcome to solicit requests for donations from any non-municipal entity in the town as it sees fit, of course."We would like to thank you in advance for considering this request and look forward to working with you on our proposal." Assistant editor David Carkhuff can be contacted at david@conwaydailysun.com.