OTISFIELD — Selectmen decided Wednesday night to get a second legal opinion on whether public funds can be used to maintain a dry hydrant at the privately owned Silvaqua Homeowners Association.

Selectman Rick Micklon said the board wants an opinion from the town’s attorney.

If the attorney agrees with the opinion offered by a Maine Municipal Association attorney, the board will ask voters at the annual town meeting in June whether they want to spend public funds to maintain hydrants on private property, Selectman Hal Ferguson said. If they do, the town would have to have easements drawn up to allow access to the hydrant, he said.

The annual town meeting is set for 9 a.m. June 25 at the Community Hall.

In January, members of the association rejected a maintenance agreement with the town that would require the association to pay for maintaining the dry hydrant at the development on the southwest shore of Thompson Lake. The association said the agreement was financially unfair.

For years, the association and the town had an informal agreement in which the association shared the initial installation costs and plowed the road for emergency vehicles. When maintenance of the hydrant was discussed last fall, a disagreement developed over who should pay for it.

The board was initially advised by the Maine Municipal Association that Maine Constitution’s “public purpose” doctrine required public funds to be used for only public purposes.

Micklon questioned the opinion and asked for further clarification from MMA personnel, after telling them the hydrant could service homes outside the private association area.

An April 4 email to Micklon from Richard Flewelling, assistant director of the Maine Municipal Association legal services department, said if the hydrants are to be used to fight fires at homes outside of the association, public funds could be used to maintain the hydrant.

However, Flewelling said, a deeded easement from the property owners to the town for access by Fire Department vehicles and personnel at all times would be necessary. He also strongly recommended that an easement or written agreement be drawn up by an attorney that spells out the expectations of the town and the association.

Ferguson said at Wednesday’s meeting that before that move is made, it must be sanctioned by a town meeting vote. He said he still believes the association agreed to pay to maintain the hydrant and “a deal’s a deal.”

Selectman Len Adler, who said the issue of using public funds on the hydrant is somewhat of a “slippery slope,” said he is willing to let voters decide at town meeting. He asked who would pay for the attorney to draw up an easement.

“We need to figure out where we can go from here,” Ferguson said.

In other business, Ferguson said Casco has agreed to put the Pleasant Lake Dam project out to bid. The state said the dam, which is in Casco but owned by both towns, must be repaired or each town could face heavy fines from the state.

Once bids are received, Otisfield will have a better idea of what the true cost will be, Ferguson said, and Otisfield’s share will be requested at the annual town meeting. “It’s not good news, but it needs to be done,” Ferguson said.

The board also:

* Will invite the Saturday Pond Association to a future meeting to discuss its concerns about the level of the lake;

* Will look at charging for disposal of bulk items; and

* Will seek prices for fuel and not be part of the SAD 17 purchasing consortium developed about eight years ago to get a better price.

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