MINUTES OF BOARD OF SELECTMEN S MEETING Wednesday, January 14, 2015 Present: Selectmen Rick Mason, Beverly Carparco, and Ed Enos Town Manager, Daniel Merhalski; Town Clerk, Alvina Day; Code Enforcement Officer, Michael Lee; Fire Chief, Dana Costello Others present, Tom Linehan, Judy Linehan, Betty LeGoff, Roger LeGoff, Brian Grennan, Raymond & Nancy Dunn, Karen Pelton, Richard Cooke, Penny Morris, Homer Pelton, Jay Transue, Richard Snow, Linda Nilsen, Peter Nilsen,Chery Booker, Jim Booker, Anne Barton, Marilyn Doe, Kate Griffith, Richard Elliott, Melvin Hallas, Bob Sylvia, Ralph Sarty, Judity Sarty, Brian McBurnie, Jerry Dodge, Donna Dodge, Jim Harrington, Frank Verhoorn, Shirley Verhoorn, Peter Bruno, Susan Khiel, Luke Allocco, Rusty Stacy, Arthur Worringham, Jim Cunniff, K Wayne Murray, Dick Norden, Bertram Stacy, and Donald Legare Rick Mason, Chairman Selectman called the meeting to order at 6:30 pm. The Minutes of December 17, 2014 were approved 3-0 as written. After everyone introduced themselves previous warrants were approved as presented. Someone from the audience asked to have the PA system hooked up. Rick said not at this short notice and everyone will try to speak up. People could move further up if they wish. The Chair opened Public Comment: Richard Snow, read an email between Chery and Dan regarding the agenda for this meeting with a comment about the lynch mob. Richard stated that the email refered to this group of citizens and that he would expect a formal apology, sincere and also that he expects the Selectmen to reprimand Mr. Merhalski and put a copy in his permanent file. Since the Board had not received a copy of the email, Chery provided them with one. Jim Booker asked the Board, what do you think about it? Rick stated that this is a personnel issue and will be dealt with privately. Jim said, as long as it is handled. Rick said it would be. Roger LeGoff, questioned what needs to be done to get the board to fire Mr. Merhalski before his probationary period is up. Rick explained again that this is a personnel issue and that all of this will be taken into account. Bev Caparco spoke briefly on the petition. She said she spoke to three people about it and each one was given a different reason for the petition. She said a lot of people in town like Dan. Roger asked, where are they? Brian Grennan said he was here supporting the Town Manager because he doesn t understand why he should be dismissed. Ed stated his reason for taking no action on the petition was because of several interactions with people. One declined signing the petition because they did not know enough about what was going on and the person talking to him could not explain what was going on; another told him he has had interactions that Page 1 of 6
are supportive of Dan, one was on social media asking what was going on-he declined to sign the petition; Ed said one signed that thought he was signing to have the town manager position eliminated permanently; #2 one was to remove Dan; #3 one signed to support Mike Lee. Ed stated that he needed more information and tonight they have a little bit more information. Ralph Sarty said the issue of the petition is relatively clear and began over a conflict between Mike Lee and the Town Manager. Ralph said since then this situation has gone way beyond Mike Lee. Ralph said the three on this board are as close to dysfunctional as any board, committee or group that he has ever seen serve an elected or appointed position. Ralph said some of their duties have been passed on to Dan that should not have been passed on to him. Ralph went on to talk about some past controversies in the town stating that nothing came close to what is happening right now in Denmark. Ralph said Maine Municipal Association offer legal services, advice and other resources. Mr. Merhalski is right that they will not litigate for the town but will give legal guidance. Ralph said the Board has authorized two grand in legal fees that they haven t participated in and he calls that unacceptable. Ralph said since 1970 he has never seen a petition signed by 168 people submitted to a board and finds it unacceptable for you to try to disqualify that petition because they have talked to a few people that have reservations about what might be going on. The Board could have called a public hearing to air this whole thing and invite people from all areas of Denmark who have some knowledge of what s going on and people that might like to find out. Ralph accused the Board of trying to bury it and said, it is not working. He stated that this latest memo unfortunately put a lot of people over the top calling citizens of this town a lynch mob is unacceptable. Rick stated that he has always come down when called because he works in the area. He spends anywhere from a half hour to an hour when he does come here. He admits that he is not a professional and that he doesn t know everything about this job but does the best he can. Rusty Stacy asked how long it normally takes to get the minutes to the Board of Selectmen? He was told that they are normally available on Fridays except for that one occasion. Rusty suggested the Board call MMA before they get themselves and the town in hot water. Brian Grennan asked to get back to the comment on the lynch mob. To ask the person who wrote it, what was he saying or was it a joke to him and where did he think it would be funny? Rick maintained that this is a personnel issue that will be done privately for the protection of the employee and the Town of Denmark. More discussion on the petition, Jim Booker said he went around town and got sixty odd names and said he told them it was about this man, this town manager. It was mentioned that 18 people circulated the petition around Town. Betty LeGoff asked what was behind the comment on the email, wanting to hear from Dan. She realizes that it is a personnel issues but she thinks the people here want to know what was behind this and they want to hear it from him. Dan offered to respond. He stated that the email that he sent to Chery was intended to be a joke. Dan said he is being accused of doing things that he has never done. The email was not meant to be discrediting to any of the members of the public. Dan said he has the utmost respect for the residents of this Community and that he serves those residents every day. He also said he has been subjected over the last three months to repeated attacks by the public about things that he had no information of beforehand and had no opportunity to defend himself against. He asked, if anyone has a specific action that I have Page 2 of 6
taken or have not taken that I should have taken as a reason for signing the petition demanding that I leave tell me what it is, because all I m getting from people are rumors about things that someone said that I said, that are untrue or allegations that my attitude is arrogant and unresponsive. Dan said that all of this began from a directive from the Board of Selectmen to me to Mr. Lee. This is about an ego conflict between himself and Mr. Lee because he is not wanting to do something we asked him to do. Mr. Lee went outside of the personnel policy with the Board of Selectmen, agreed to certain things in executive session, frankly lied about those afterwards in public meeting saying he never did them, and the Board came back and decided they were going to deal with this in public session during public comment which is why everyone is here. Dan said he has always been here willing to talk with any member of the public. He said he has been open, honest, and professional in every interaction with the members of this Community and that he has not had the opportunity to speak with any of you to contradict these allegations that are going around town. He repeated that the memo to Chery was a personal one that he meant it as a joke and that if you take it as offensive and that I don t respect you as residents of this Community then I sincerely apologize because that is not the way I treat the residents that I serve. Bev said that Dan has done a great job, that he is organized, knowledgeable, and provides packets that the Board have never had before. She said, he knows his stuff and he knows it good. Judy Sarty stated that she was in this audience the night that Dan personally insulted a member of this Town. Melvin Hallas stated that he has been to three of these meetings and this man has been rude, insulting and belittled people. These are things that are in the records. People don t know what is going on because they have not been here to listen to this man and the way he talks to people. It is not a thing that a man in his position should be doing. Ralph stated that this was the first time that Mr. Merhalski has had the time to make any kind of significant comments to these folks. He found most of it reasonable but a couple of things in it weren t and that was to refer to this man (Mike Lee) as a liar and the other was to refer to this most recent memo as a joke. Ralph stated that any elected official knows that emails are a public record and not the place to play a joke. He doesn t think it is unfair at all if people misconstrued what was intended to be a joke although Ralph doesn t look at it that way. Chery spoke on the proposed security system upgrade concerning a camera and audio on the counter. This idea has bothered her since the day she heard it. She said it is illegal to have audio recordings in a town office and asked the Selectmen if they have any comments. Rick said he wasn t sure but believes if there is surveillance it needs to be posted. Ed said he had a conversation with a Bridgton Police Officer about recordings and that it is not illegal. Jim Booker said MMA said it is. Dan stated the reason behind it was for safety for the clerks in the office. Chery asked about the reorganization of the office in regards to the part-time deputy position. She defended the need for the third person in the office and said it took her 13 years to finally get one. She feels to cut the position will pull the rug right out from under Alvina and Micki. Page 3 of 6
Rick said it was because the Budget Committee gives them grief every year, looking for ways to save money. Rusty Stacy spoke in defense of the budget committee stating they discuss every town budget in prebudget terms, if they can cut that s what they cut, to do what is best for the town. Richard Snow said it is the Board s job to convince the Budget committee whether they need it or not. Richard also said he doesn t want to have to wait 25-30 minutes when he comes to the office. Rick said the Town Manager is being trained to fill in so he will be able to help out when needed. The Board was asked why do we need a big city lawyer? Rick explained that it was when we were coming into litigation for the Baldwin Case. He said they don t have to use them and that they will be looking into hiring someone local like Buzz Pratt was. Marilyn Dow questioned Bev calling the petition she signed bogas. Dan explained that the petition is not legally binding because it is the Selectmen that decide whether or not the Town Manager is fired. Dana Costello said he was instructed to come to the Selectmen s Meeting for a fire department personnel issue and wanted to make sure he was not wasting his time. Rick said, no, the executive session does concern the fire department issue. Ralph stated the petition was reviewed by a lawyer, it was a legal petition, a directive to the Board for dismissal of the town manager. It was a legitimate petition. Rick said he considers it a view of the people of town who signed it and just because the Board voted no action doesn t mean that it is not on the board s mind. Ralph discussed the new Code of Ethics policy that the Board recently signed. There are several references to state statute without a clear description of what they mean and that somewhere in the document people are told that they might from time to time have to make a decision that they are uncomfortable with or that they disagree with but they still would have to do it. Ed agreed and said that sometimes they might have to make the unpopular decision. The Board agreed for Betty LeGoff to be put the next agenda to discuss her concerns for the Dam Jam. Betty asked for an update on the fire clean up. Mike Lee reported that he has been in contact with Raquel and Rob. He will contact them again and keep Betty abreast of it. Dan said the insurance company has begun the claim against their insurance company and now are looking for quotes for estimated damages. Betty asked whether or not the CEO has received his phone yet? Mike informed the Board that he wants an iphone. Page 4 of 6
Rick said they will get him a smart phone. Peter Bruno mentioned parking on Diamond Drive should be taken into consideration when discussing the Dam Jam. Rick agreed. Rick closed the public comment and continued the meeting. Discussion of budget goals for fiscal year 2015-2016 resulted with the board requesting to see the proposed budgets by February 11. Rick asked Richard when the Budget Committee wanted meet. Richard said they start to meet in March. Dan was instructed to propose the normal 3% cola raise figure. The Board discussed amending the personnel policy under types of classifications by adding another category for legal purposes. Regular part-time with benefits would cover Mike Lee or any Code Enforcement Officer. Rick said for him to get benefits it is necessary to create another category. Currently we have three categories, regular full time, regular part time with benefits and temporary. They also discussed under the title outside employment starting with If the Town Manager determines that such outside employment is disadvantageous to the Town, he shall notify the employee in writing that the outside employment must be terminated. Ed moved, Bev second, (to delete that section) Vote: 3-0. Motion passed. Dan said the section on harassment and protection in the workplace has not been updated to include sexual orientation. Ed agreed saying it is something that the State does prosecute for. Dan also stated that the section on Drug/Alcohol use and abuse on page 11 #1 the word, stimulants should be changed to substance. It was agreed for Dan to make the changes and present a draft for the next meeting. Dan presented the Town Managers work plan for the coming year stating this could be used as a reference point for evaluation at the end of the year to see how he is. The Board approved the work plan 3-0. The Board received information from Jamie Hook regarding the Dam Jam and agreed to table it until their next meeting. There was a brief discussion on the need to update the Comprehensive Plan, and Bev agreed to serve on this Committee. The Board asked Dan to contact the Planning Board who is charged with updating the plan every two years and ask what type of Committee they want. Bev asked Dan if he is planning on attending the motor vehicle training that Chery told them about and he said probably not in February but that he was going to do as much training in the office as he can. There was a discussion with Dana Costello, Fire Chief concerning the fire damage to the fire house from the recent fire. He reported that he and Roger LeGoff looked at the building and discovered there was a lot of damage to the building and to the roof. Dana said as Fire Chief he takes great pride in the building. Rick said it would be nice to have three estimates for the repairs. The Board agreed to wait until Spring when the weather warms up and to go out for bids then. Page 5 of 6
As a follow up to the park in regards to alcohol. Dan said there is nothing in the deed that talks about it but the park committee rules say there is no alcohol allowed. The Board of Selectmen have the authority to waive any of the provisions. The Board agreed for Dan to attend training through MMA on municipal budgets on February 4 and for him to contact the Town Manager in Bridgton in regards to the Pearly Mills Station property to try to negotiate the taxation of this property. He said our request would be to pay nothing but we would entertain whatever their counter offer is. There was a brief discussion on a request from Melanie Lewis of Rudy s Way, to serve on a committee. Rick suggested the Board of Appeals and the Conservation Committee. Dan will contact her and ask if she is interested in serving on either one. Ed moved, Bev second, for the purpose of entering in executive session (according to 1 M.R.S.A 405(6)(F). and 1 M.R.S.A 405(6)(A)). Vote: 3-0. Motion passed. The Board went into executive session at 8:40 PM. The Board exited executive session at 9:31 PM Rick made a motion to grant the poverty abatement, second by Ed. Approved 3-0. Rick motioned to adjourn the meeting, second by Ed. Approved 3-0. This meeting adjourned at 9:33P.M. Respectfully Submitted, Alvina Day, Town Clerk Page 6 of 6