The Lebanon Maine Truth Seekers is not an official representative of the Lebanon Maine Board of Selectmen. The notes below are not an official record of the Town of Lebanon or any of their boards or committees, they are only the notes of LMTS resident sitting in on Board meetings. For the official minutes of these meetings, please see the Town of Lebanon Maine Official Town Website.
In light of statements made by individuals at the Lebanon Maine Board of Selectmen's Meeting, it is also important for us to write that we do not represent any one person, board or committee within the Town of Lebanon, Maine and that these are only our notes on the events, happenings and statements during that meeting.
The Lebanon Maine Board of Selectmen met on their normal Monday evening schedule on March 7, 2016.
The published agenda, stated that Road Commissioner Tom Torno would be seen at 4 pm, however, as is often the case, Mr. Torno did not attend the meeting.
Because they had the extra time, Chairman of the Board, Ben Thompson, asked the Town Clerk, Mandy Grenier if she were prepared to present the draft copies of the referendum questions that will appear on the May 10th, 2016 Town of Lebanon Ballot.
Ms. Grenier came in prepared with 39 draft referendum questions, and began to read them to the Board members, as she read, the Selectmen voted to recommend each item to the voters, or not to recommend.
Selectman Heath noted that he was not comfortable doing so in a public forum, however, Chairman Thompson stated that their recommendations were public knowledge and the reading and voting of the referendum questions continued.
The final four questions were regarding the voter's choice regarding ordinances outlining the duties and responsibilities of several town Boards and Committees. Both Selectman Heath and Nadeau stated that they were not comfortable recommending (or not recommending) an ordinance that was not yet in final copy, and that they would like to discontinue the recommendation votes until such time as they can see the ordinance in complete form as it will appear before the voters at Public Hearing.
Selectman Thompson agreed with the pair and the Board of three was united in making a motion that they strike all the recommendations from this evening until the ballot and all ordinances were completed so that they know exactly what they are recommending (or not) to Lebanon voters.
Ms. Grenier presented an e mail from Lebanon resident Jeri Basko, which asked the Selectmen to construct and place on the ballot, a Recall Ordinance, allowing for voters to have a way to vote elected officials out of office should they believe the official to be ineffective in their position.
The discussion began with Selectman Thompson stating that he was "all for" putting this ordinance in front of the voters, however both Selectmen Heath and Nadeau stated that they wanted Ms. Basko to present a signed citizens petition for this ordinance to be placed on the ballot.
Selectman Thompson stated that the law provides for two ways for a resident to have a referendum placed on a ballot. The first is to ask the Board of Selectmen to craft a proposal and place it on the ballot, and the second would be to organize a Citizen's Petition.
A Citizen's Petition would require that the petitioner craft the referendum or ordinance proposal, attach it to signature sheets, and obtain the validated signatures of at least 214 registered voters in the Town of Lebanon (10% of the total number of voters (including absentee) who took part in the last gubernatorial election). The petitioner would have to have the final signed petition to the Lebanon Town Clerk no later than 35 days prior to the scheduled election. Since the Lebanon Town Election is scheduled to coincide with the School Budget Vote on May 10th, 2016, 35 days prior would place the petition due into the Town Office on or about April 5, 2016.
Motion was made by Select Board Chairman Ben Thompson that the Recall Ordinance requested by Budget Committee Chairman Jeri Basko to be placed on the May 10th ballot be accepted and placed on that ballot. Neither Selectman Heath or Selectman Nadeau would second that motion. Not passed.
Selectman Heath then made a motion that the Recall Ordinance requested by Budget Committee Chairman Jeri Basko be required to get the required signatures in order to be placed on the May 10th ballot. Motion was seconded by Selectman Nadeau and the vote showed 2 in favor, and Selectman Thompson voting No. The Recall Ordinance will require Citizen's Petition signatures in order to be placed on the May 10th Lebanon ballot.
Town Clerk Grenier then presented a signed Citizen's Petition filed by resident Corinna Cole requesting that the Board place on the May 10th ballot, a decision to change the current town government from a Board of 3 Selectmen to a Board of 5 Selectmen.
The petition, circulated by Ms. Cole and LMTS Deborah Wilson, would ask the voters to authorize the election of 2 additional Selectmen's positions on the 2016 Town Meeting Ballot, with 1 position expiring after a 2 year term in 2018 and the other expiring after a 3 year term in 2019 with both elected positions to continue as 3 year terms with alternating schedules thereafter as existing elected Selectmen positions, thus effectively crating a 5 member Selectman's Board, until revoked by Town Vote.
The Town Clerk certified that she had checked the signatures presented with the petition and found that there were 224 valid and certified signatures, 10 more than the 214 needed to be a valid Citizen's Petition.
Selectman Thompson questioned the dates mentioned in the Citizen's Petition, as due to Maine State Law, the first election of an additional Board Member, would not be able to be held until the May 2017 Town Vote, if the petition were approved by the voters in May 2016.
Ms. Grenier stated that she had contacted Maine Municipal Association to ask the same question. She had their answer (2 options) printed out, however, when ready to read the answer, Selectman Thompson stated that he questioned whether or not legal counsel had to be read publicly. The Board Members each read the MMA options to themselves.
Discussion was held that the signatures represented on the Citizen's Petition seemed to be from many different groups and areas of Lebanon and not from a single group of friends or co workers.
Selectman Nadeau stated that he thought, if the petition was circulated and the people of Lebanon had signed it, they should put it before the people and let them decide.
Selectman Heath questioned that if the voters approved this question, would it be held as a legal vote due to the dates on the question.
Town Clerk Grenier stated that the Board could approve a change in the dates to be written on the ballot, allowing for the dates to be correct on the Town Ballot.
Selectman Thompson asked the Board if they thought they should strip the dates out of the petition all together, or change the dates to reflect correctly, all were in agreement to change the dates.
Selectman Thompson stated that the Board would have to motion for the dates to be changed from those listed on the original petition, and vote in agreement to do that.
Thompson then made the motion that the Board of Selectmen reject the Citizens Petition requesting the creation of a 5 member Select Board presented by Corinna Cole due to incorrect proposed dates, and correct the dates to reflect the election on the 2017 Town Meeting Ballot, with 2 additional terms ending in 2019 and 2020, and place the Citizen's Petition on the 2016 Town Ballot. Selectman Nadeau seconded the motion and all 3 Board Members voted in the affirmative. The question will appear on the May 10, 2016 Town Meeting Ballot.
Town Clerk Many Grenier asked if she should include the question at the top of the ballot where Citizen's Petitions usually were placed, or due to the date change, if she should include it with the other town referendum questions. Selectman Thompson stated that the question should still be presented at the top of the ballot as a Citizen's Petition.
At 5 pm, Selectmen's Assistant Sue Collins presented a number of paperwork and discussion items to the Board, including information requested for the Town's insurance policy, a Veteran's tax exemption application, and information on the most recent inspection of the Town Office fire alarm system.
There was discussion on the Town Office fire alarm system and some upgrades that will need to be made before too long.
At 5:03, the Board entered into Executive Session citing Personnel Reasons. Entering into the Executive Session with the Board were Selectmen's Assistant Sue Collins, Town Treasurer Jeanette Lemay, and the Union Representative for the Town Office Personnel, Tracy Place.
The three women exited the meeting at 5:28 pm, and left the building, however, the Board remained in Executive Session, until 5:48 pm.
Selectman Thompson stated that no decisions were made during the Executive Session.
The Board returned to regular session with Selectmen Heath and Nadeau speaking to LMTS Deborah Wilson regarding the proposed Lebanon Clean Up Day scheduled for Saturday, May 7, 2016.
Selectman Nadeau stated that he wanted Wilson to be clear in speaking to people regarding Lebanon Clean Up Day, that this was a day to clean up the roadsides of Lebanon, and not a cellar, attic and junk pick up day, or a "free day" at the Transfer Station.
Wilson agreed that people should not be using the day for a "free pass" for large items to be brought to the Transfer Station, but that ALL items cleaned from local roadsides should be bagged and brought to the side of the road, or in the case of larger items, dragged to the side of the road by 1 pm and would be picked up by Road Commissioner Torno and his Highway Department crew between 1 pm and 3 pm on Lebanon Clean Up Day and brought to the Transfer Station.
Once again, Selectman Nadeau stated that no personal household items would be picked up, only items cleaned from the roadsides of Lebanon were to be picked up by the Highway Department crew.
Wilson again agreed to that stipulation.
At 6 pm, resident Chris Gilpatrick, accompanied by his son, Chris Gilpatrick, Jr. entered to address the Board on a complaint.
Mr. Gilpatrick stated that he had been having some recent problems with Code Enforcement Officer, Mike Beaulieu, with regards to building permits for his new home and garage.
Chris Gilpatrick, Jr. spoke to the Board stating that he was tired of the run around with regards to their permitting, and that he and his father would be hiring a 3rd party building inspector to complete any and all further inspections on their project, adding the reason for this action was that they had no faith in the Town of Lebanon Code Enforcement Officer and they would no longer need his service.
Selectman Thompson stated that he had been with the Code Enforcement Officer when he went to the property and that they could not find the Building Permit, which states in writing, that it is to be displayed at all times in a prominent place on the structure.
Both Gilpatrick men stated that the permits had been in the front window, which Selectman Thompson denied.
Arguments went back and forth, ending with the elder Gilpatrick stating that the Code Enforcement Officer had also lost the file on his property, which held plot maps, building permit copies and drawings.
Thompson denied that the folder had been lost.
Mr. Gilpatrick stated that he had a message on his cell phone from Beaulieu stating that he had misplaced the file and Thompson asked to hear the message. Gilpatrick obliged by playing the message.
The voice mail identified the caller as Code Enforcement Officer Mike Beaulieu. Continuing on, Beaulieu stated that he had happened to be in the area of the new Gilpatrick garage and had noted a new home being built in an adjoining lot, and wondered if that were the new planned Gilpatrick home. The voice mail stated that Beaulieu had looked at the building and had found no information attached to the structure, stating that he was sure that it was a simple mistake and that he would like to meet with the Gilpatricks, view the maps, stating that he had misplaced the file on the project, and that he would be in the office until 2:15 that afternoon and would like the Gilpatricks to call to make an appointment to come in and speak with him.
The message was professional and friendly, however both Gilpatricks stated that they were angry over the loss of the file, which contained all the inspections done on the garage by former Code Enforcement Officer Brian Paul.
Selectman Thompson offered to look into the situation, stating that the men could not simply hire a 3rd party inspector to replace the Town Code Enforcement Inspection, but both men aggressively maintained that they could do just that.
The argument continued with some harsh language by the Gilpatricks and with both men and Selectmen Thompson raising their voices frequently.
Chris Gilpatrick, Jr. spoke, stating that he thought that there were people on the Board of Selectmen who liked to set the tone for the meetings, asking the Board of three to remember "Who works for who?". He continued on, saying that he didn't come to the Board to be placated, didn't need their arrogance, and did not appreciate being treated like a child.
Selectman Thompson simply replied "Ditto".
The younger Gilpatrick continued stating that he didn't beat his chest or raise his voice, but that he had zero faith in the Town Code Enforcement Officer and that if the file had been viewed, it would have been clear they had the building permits, and that the permits were visible to anyone with half an iota of intelligence.
Gilpatrick Junior stated that he had only come to alert the Selectmen that they were hiring a 3rd party inspector to come and inspect the buildings, and that no representative of the Town of Lebanon would be allowed on their property at any time in the future.
Selectman Thompson questioned Chris Jr. on when he had received his building permit, and was answered that the Permit was received on February 16, 2016. Thompson continued on stating that he had personally viewed the pouring of the slabs on Gilpatrick Jr.'s Facebook page in early December.
The argument again escalated with the elder Gilpatrick stating that there was no permit needed to pour the slab, and Thompson arguing against that statement.
Gilpatrick stated he had discussed the entire process with previous CEO Brian Paul.
Thompson stated that the close relationship between he and Mr. Paul was obvious, to which Gilpatrick stated that he had no close relationship with Mr. Paul, but that he was not going to kiss the ___ (rear end) of Mr. Beaulieu or chase him down for permits and inspections.
Once again, Gilpatrick questioned the misplacement of his project folder, and Thompson stated that the folder was not lost at all.
As the argument continued back and forth, Thompson asked the other two Board members to step in, asking them if Beaulieu had mentioned anything to them about a lost or missing project folder. Both Selectmen stated that Beaulieu had not mentioned that in their presence.
The elder Gilpatrick stated once again that he intended to finish his building with inspections by a 3rd party inspector, and Thompson told him that he could not just supersede the intentions of the voters of the Town of Lebanon who clearly voted to require the CEO to make the inspections.
Gilpatrick stated that he found both Beaulieu and Paul Philbrick, (who stands in for Beaulieu while he is in training sessions), to be incompetent.
At that time, Thompson stated that Mr. Gilpatrick was treading very close to the line of defaming Mr. Beaulieu's character and that he would be well advised to schedule an Executive Session with the Board of Selectmen in order to discuss problems with Mr. Beaulieu's job performance or character.
Mr. Gilpatrick countered, demanding an immediate Executive Session, but Thompson denied that request, stating that Beaulieu was not in the office at that time of night and that a legal Executive Session must include the right of the Town Employee to be present when the complaint was discussed.
The argument continued on in raised voices with Gilpatrick stating that he wanted an immediate Executive Session and Thompson telling him to speak to his State Rep, (Gerrish) with regards to laws on Executive Session. Gilpatrick stated that Rep. Gerrish had informed him of his rights, and from there the conversation got more than negative toward Thompson's thoughts on Gerrish's understanding of the law. Thompson stated that any Executive Session had to include the right of the Employee to attend and that only that Employee could waive the right to have that discussion in Executive Session. Once again, both Gilpatricks entered into another raised voice argument with Thompson.
Thompson finally stated that he was going to tell Chris Gilpatrick, Jr. to leave, and the younger man challenged Thompson's authority to do that, stating that the Select Board was a Board of three and that Thompson could not, acting alone, force him to leave the meeting.
Thompson looked to the other Board members with Nadeau questioning "Wait, where exactly are we at right now?", and then Selectman Heath answering that Thompson was the Chairman of the Board and if he wanted Gilpatrick Jr, removed from the building, that Heath would back him up.
Voices quieted at that point, however the elder Gilpatrick stated that he was angry that CEO Beaulieu made $20 an hour for sitting on his ___ (rear end) and couldn't even be responsible for finding a project file.
Gilpatrick, Jr. stated that there was a clearly a discrepancy in Beaulieu's abilities and that the family wanted no part of him, choosing instead to continue on with the hiring of a 3rd party inspector to complete the project, and if the town had problems with that, then they should do what they needed to do.
Selectman Thompson requested that the Gilpatricks provide their argument and intentions to the Board in writing, and Gilpatrick Sr. stated that he would have the contract from the 3rd party inspector within the week.
Once again the argument took the form of a shouting match, with Gilpatrick Jr. quieting his father by telling him that he was being "goaded" and to quiet down.
Gilpatrick Sr. did stop the argument and requested a copy of everything in his project folder to present to the 3rd party inspector, and Thompson agreed to provide that information as a verbal Right to Know request.
The Gilpatrick men left the building at 6:21 pm with Gilpatrick Sr. stating that Beaulieu could stay off his property in the future, as he would have no reason to be there.
Selectman Thompson motioned to grant Gilpatrick's verbal Right to Know request by providing him copies of all that was in his project folder, without charging him for the copies. The motion was quickly seconded by Selectman Nadeau and all three voted in favor.
The Board discussed their need to work on their revised Personnel Policy, however they all agreed it had been a difficult evening and that they would work on finishing the Policy at their March 14th meeting.
At 6;25 pm, Selectman Nadeau asked to adjourn the meeting, however, Selectman Heath stated that he still had to sign payroll, and Selectman Thompson stated that he also had to stay due to several events during the meeting requiring him to write letters. With two Selectmen staying in the office the meeting could not be officially adjourned, but Selectman Nadeau stated that he was leaving for the evening and the other two members stated they would not have a problem with that.
LMTS left all three Selectmen in the Board Meeting room at 6:30 pm.
