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Ever wonder what goes on in
Executive Sessions and is it legal? I
personally do not believe it is legal in accordance with Maine Statute 405 (6)
(C). So let’s take a look at the statue. Below is the statute:
C. Discussion or consideration of the condition,
acquisition or the use of real or personal property permanently attached to
real property or interests therein or disposition of publicly held property or
economic development ONLY if
premature disclosures of the information would prejudice the competitive or
bargaining position of the body or agency; [1987, c. 477, §3 (AMD).]
As you can see it is very
specific as to when you can hide behind this part of the statute. Chairman Pesce and the Town Council agreed to
have town owned property go out for bid in order to sell the property. This is the same procedure utilized to
procure a truck, fuel and winter sands.
Bidders submit sealed bids by a certain date and then the town opens the
bids and recommend to the Town Council which bid to accept. The Town Council then votes on which bid to
accept without ever meeting the bidders.
Now let’s take a look at what
took place in Executive Session on September 15, 2015. This is straight from the minutes of the
meeting for September 15, 2015.
EXECUTIVE SESSION
Councilor Pesce announced
that a vote could possibly follow.
Councilor Metivier, seconded by Councilor Bickford moved to return to
regular session at 9:26 PM. Order passed 7-0. The Chairman resumed the meeting at 9:30 PM.
VOTE (2015 -285A) Councilor Pesce, seconded by Councilor Garrison moved to convey
property at 3 Village Street to Lisbon Holding, LLC under terms to be
negotiated by the Town Manager and Town Attorney and to authorize the Town
Manager to execute all documents necessary to complete the transaction.
Order passed – Vote 6-1 (Opposed: Lunt)
Councilor Brunelle indicated Councilor Lunt wanted more information that he is
just not going to get.
VOTE (2015-285B) Councilor Pesce, seconded by Councilor Bickford moved that the Town
sell property on Ridge Road, Tax Map R05, Lot 1C, to Dale John Crafts for the
Town’s asking price of $82,900 and to authorize the Town Manager to execute all
documents necessary to complete the transaction. Order
passed – Vote 6-0-1. (Abstained: Crafts)
VOTE (2015-285C) Councilor
Pesce, seconded by Councilor Bickford moved that the Town offer a retirement
incentive to employees with at least 35 years of continues service to the town
as of September 1, 2015 that would all employees who select to participate to
receive a monthly payment of $833 toward the cost of health insurance for a period
of three (3) years following their separation of employment. Order passed – Vote 7-0.
As you can see, the property
at 3 Village Street and Ridge Road were sold. If this was a result of
bids received by the Town; why are these transactions in Executive Session
because the bid process is the same for a truck, fuel and winter sands. All of these items are decided at an “open”
Town Council meeting. Why were these two
properties being decided in Executive Session?
Could
it be the Town Council is conducting business behind closed doors illegally?
Also, it is nice to see the
Town Council being so free with our tax money.
If we
had to commit taxes this year because the town was low on funds and could not
pay the town’s bills; where is all this money coming from. It certainly
cannot be the Undesignated Fund because that too is below the recommended
level.
Isn’t it nice to know what the Town Council does behind
closed doors?
Larry Fillmore
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