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Town Seal
Board of Selectmen Minutes 8/13/08
Town of Buxton
Minutes for August 13, 2008 Selectmen’s Meeting

Prepared by:  Dianne Senechal

Members Present:  Jean C. Harmon, Robert C. Libby, Daniel T. Collomy and Linda W. Pulsoni.  Absent:  Clifford L. Emery

Others Present:  Peter Burns, Barbara Elwell, Jack Hanna, Keith Emery, Peter Pinkham, Don Marean, Carol Sanborn, Barbara and Sharon Elwell, Robert Elwell, Robie Wagner and Al Edwards

Business Meeting Agenda

1.      Call to Order.

The Meeting was called to order at 7:03 p.m.

The Meeting opened with Selectman Pulsoni making a public apology to business owner Robie Wagner for her comments at the last Selectmen’s Meeting.  She read an excerpt from the Maine Townsend regarding elected officials.

2.      Approval of Prior Meeting Minutes.

Selectmen’s Meeting Minutes August 6, 2008.  Approved 4-0-1.  

3.      Discussion held between 5:00 & 7:00 p.m.

5:30 p.m. – Fred Farnham discuss code issues
The Board went into Executive Session per 1MRSA 405 (6)(A) at 6:00 p.m. and ended at 6:55 p.m.

4.      Review of Correspondence.

·       Letter from David P. Littell, Commissioner, Maine Department of Environmental Protection – Re:  New brochure State Environmental Licensing.
·       Email of State Issues from Rep. Don Marean
·       Letter from Stephanie Gilbert, Farmland Protection Specialist, Dept. of Agriculture – Re:  New state law to help Protect and support local farms, preserve farmland and reduce the potential tax burden from new development
·       Press Release from Department of Agriculture, Food & Rural Resources – Re:  Sign up for free disposal of banned, unusable pesticides

5.      Review of Projects and Issues.

Selectman Libby reported that he has been working on valuations to prepare for setting the tax rate in early September.

Selectman Collomy reported that the Transfer Station will be holding a Hazardous Waste Day on September 27 from 10:00 – 2:00 p.m. at the Transfer Station.

Selectman Pulsoni stated that she was at the Transfer Station last Saturday and she reminded everyone that they can recycle as it is very easy as the staff help unload material.  All patrons are in and out very quickly.  Selectman Pulsoni also stated that she visited the Berry Library on Saturday and the West Buxton Public Library.  She viewed the art show that is going on during the month of August at the Library and remarked at the local talent that is in Town.

Selectman Harmon stated the Selectmen held a Workshop on Monday night, August 11 to discuss the Police Chief Applications.  Selectman Harmon reported that the Selectmen will be contacting the Maine Chief of Police Association and will be forming a committee similar to the committee that was formed to interview the Fire Chief.

Selectman Harmon and Pulsoni thanked Dan Collomy for the boxes that he made to handle the clink bags at the Transfer Station.  It is a fabulous set up and is working very well.  The public was reminded that the charity of the month at Hannaford is the Keep The Heat On program.

6.      Old Business.


7.      New Business.
Selectman Harmon reported that Corporal Emery had submitted a letter to the Board informing them that she would like to withdraw her letter of resignation.  The Selectmen welcomed her back.  In explanation, Selectman Harmon stated that the Board had not approved her resignation and she had asked to withdraw her letter of resignation before her actual termination date.  

8.      Executive Orders.

E.O.0809080011 – An order to appoint Charlene Libby to the position of Berry Memorial Library Trustee effective until December 31, 2009.  Approved 4-0-1.

9.      Executive Orders by Initiative.

E.O.080908012 –An order to approve the hire of Bruce Mullen to the position of Fire Chief effective August 18, 2008 at a pay rate of $931.53 per week.  Approved 4-0-1.

10.     Accounts Payable and Payroll Warrants.

E.O.080908009 -- An order approving expenditures as documented in Accounts Payable Warrant #07-09.  Approved 4-0-1.

E.O.080908010 -- An order approving expenditures as documented in Payroll Warrant
#07-09.  Approved 4-0-1.

11.     Next Meeting of the Board.

Twelve Town Group Meeting Monday, August 18 at 6:30 p.m. at Waterboro Town Hall
Special Town Meeting Wednesday, August 20, 2008 at 7:00 p.m.
Selectmen’s Meeting Wednesday, August 20, 2008 at 7:15 p.m.

12.     Other Business.

Selectman Harmon read the warrant for the Special Town Meeting which will be held on August 20, 2008.

Hazardous Waste Day will be held September 27, 2008 from 10:00 a.m. – 2:00 p.m. at the Transfer Station.

13.     Public Comments and Questions.

Keith Emery asked the status of the Comp and Charter Committee.  Selectman Collomy responded that there were not enough people that volunteered to fill the positions for the Committees.

Representative Donald Marean stated that he has been following up on the Route 112 rebuild with the DOT.  He read correspondence that he had received from the coordinator of the roads that assured him that it is on the project list but will not probably be handled until the 2009 – 10 FY.  He urged the Selectmen to do a letter writing campaign to David Cole and keep the pressure on.

Selectman Harmon asked the intent of a piece of legislation that allowed elderly to earn benefits up to $750 towards their taxes.  The wording of the legislation is unclear.  Don will look into the legislation to clarify for the Town.

Don was going to leave a brochure on how to get Energy Assistance that he had just received.

Carol Sanborn stated that the Selectmen should think of Corporal Kim Emery’s resignation rather than employment due to the damaging words about Buxton that were contained in her letter of resignation.

It was clarified that the Selectmen had not accepted Corporal Kim Emery’s resignation and she had submitted a letter of withdrawal within the two week time frame in which she would have been done work.  

Barbara Elwell thanked Don Marean on the update on Route 112 as the road really is dangerous.  Barbara asked if there was an internal investigation going on in the Police Department.  The Selectmen responded “no”.  Barbara asked if there was an internal investigation going on in the past 12 months.  Selectman Harmon responded that there was a review of the Department and it was done by John Goodman at the request of the Board.  Barbara Elwell stated that the Town should get a new lawyer as the one that was being used was not working for the Town and we were not getting our money’s worth.  Barbara wanted to know how much the legal fees cost for the Town to do the investigation.  Selectman Harmon stated that she did not have the figures, but she would get them.

Barbara also suggested that the Board start doing exit interviews as it may give insight into why employees leave.  Barbara stated that a vote should have been taken on the Emery rehire and it was wrong to take her back.

Unknown resident took the podium and agreed with Barbara and Carol Sanborn that the Board should not have taken Corporal Emery back.  She wanted to know what had changed in 3-days for her resignation to be rescinded.  Selectman Harmon repeated that the matter was discussed in Executive Session and nothing more could be stated to the public.

Carol Sanborn stated that she had dropped into the Police Department and the atmosphere in the Department was totally different than it has been.  If Corporal Emery was reinstated she was afraid the mess would be stirred up again.

Peter Pinkham asked if there was a penalty clause in the contract with Littlefield Bros. if the new Town Garage was not finished by November 30.  Selectman Harmon stated that she was not aware of a penalty clause, but there is a meeting scheduled next week and she will ask Deluca Hoffman.

Robert Elwell asked what the Town’s policy was on recording Meetings and replaying them over the access channel.  Who has the authority to stop a meeting from being replayed?  The Selectmen would look into this and report back.

Barbara Elwell stated that the Selectmen need to realize that the voters are the ones that put them into office and they are the ones that can take them out of office.  Barbara stated that it was a mistake to take Corporal Emery back and she was not sorry to see the Chief leave.

Dianne Senechal stated that three members of the staff had attended Freedom of Information training last Thursday night.  The training was taught by a lawyer who was also a legislator and was held at the York County Courthouse.  Dianne stated that as a result of the training, it is clear that the Selectmen are correctly announcing the Executive Sessions.

14.     Executive Session.


15.     Adjournment.

Motion made and seconded to adjourn the Meeting at 8:01 p.m.  Approved 4-0-1.

Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
Town Office Hours: Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm
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