TOWN OF ACTON SELECTMEN’S MEETING
November 17, 2021
6:00pm

1.      CALL MEETING TO ORDER / PLEDGE OF ALLEGIANCE

2.      TOWN ADMINISTRATOR WEEKLY UPDATE

• A thank you card was received from the Shapleigh Town Administrator who does Acton's General Assistance in appreciation of the flowers the town of Acton sent. 

A second thank you card received was from a family in Town who lost a loved one and the Town rallied around in support; especially thanking the residents who put food together.

• The Code Enforcement officer has finished his last State certification and now is completely in compliance. 
  
  
• Contract Deputy Sevigny has been promoted to Sergeant. The Town of Acton was notified today by the Administration that Sergeant Sevigny would be starting his new position on Monday. Contract conversations have begun and the financial obligations are attached. 
  
  

• Sergeant Nadeau visited the Acton Town Hall today to review a few items and complimented the Fire Department who went above and beyond to assist a family to finish the project being conducted when called upon a scene where the gentleman working actually passed away from a heart attack and the job they always do for this Town.

  T

  he Rec Committee reached out and was wondering if Selectmen Kimberly Stacey-Horn was donating a Christmas Tree this year. 
  
  
• Selectmen Kimberly Stacey-Horn indicated that she was. The Town Administrator further indicated the Committee wanted to know if further arrangements could be made to move the pipe stand back beside the Town Hall. Discussion ensued. Outcome was that there will be 2 pipes and 2 trees.
  
  The Rec committee is planning on the event being outside but if it's really cold or bad weather they like the opportunity to come inside. Will Langley District 1 Road Commissioner agreed to help with putting another pipe in so that the tree can be by the town hall; the committee will decorate both trees. The date of the tree lighting event is still to be announced.
  
• The Modern Pest Control contract that was signed last year has been moved forward on and the Town is using them this year Jason, CEO, was kind enough to help take over that project. The service representatives came in and did the first couple of steps with regards to dealing with the mice problem. It was noted that the Town Hall was infested and smelled strongly of mice urine. So far mice were caught today but the service will continue to monitor. Dusting around the windows will also occur for the ladybug issue.
  
  
• The Town Administrator announced that last week her assistant was out and the week was very busy. This is not an excuse, but an oath was misplaced for Mr. Pelky's Road Committee seat.  Mr. Donahue was recommended to the Board to appoint. Since then, the Town Administrator emailed Mr. Donahue indicating there wasn't actually a position open. Mr. Donahue will be notified when such a position opens. The last person who needed to be sworn in has been sworn in. Again, apologies to Mr. Donahue. 
  
  
• The lawn care bid is coming to an end. Back in April of 2019, the Board approved a 3-year contract to Robin Ham Property Services. The total is currently $4,700; Mr. Ham has stayed at this price for many years and is willing to again stay at that price again before committing to go out to bid. However, the Board has the right to go out to bid. Discussion ensued. The Town Administrator will clarify when it was the last time this contract went out to bid.   The Town Administrator noted two items: 1) Mr. Ham will have the right to rescind his commitment and place a bid. 2) This is being discussed publicly and his rate has been announced and it will be unfair to hold him to that number if it goes out to bid. This will be placed on next week's agenda.
  
  
• The lawn care bid is coming to an end. Back in April of 2019, the Board approved a 3-year contract to Robin Ham Property Services. The total is currently $4,700; Mr. Ham has stayed at this price for many years and is willing to again stay at that price again before committing to go out to bid. However, the Board has the right to go out to bid. Discussion ensued. The Town Administrator will clarify when it was the last time this contract went out to bid.   The Town Administrator noted two items: 1) Mr. Ham will have the right to rescind his commitment and place a bid. 2) This is being discussed publicly and his rate has been announced and it will be unfair to hold him to that number if it goes out to bid. This will be placed on next week's agenda.
  
  
• Mr. Tom Gore asked if the candidates night notice could be put on the Town’s website. It is not a Town event but the Board may decide how to respond. Notice to be posted was read aloud. The Board had no concerns regarding advertising.

3.      WARRANTS/BILLS - Signed

4.      APPROVAL OF AGENDA

A motion was made by Selectmen Kimberly Stacey–Horn to approve the agenda; seconded by Selectmen David Winchell Jr. No discussion. All in favor. 

5.      MINUTES OF LAST MEETING

A motion was made by Selectmen David Winchell Jr. to approve the minutes of November 15, 2021; seconded by Selectmen Kimberly Stacey-Horn. No discussion. All in favor.

A motion was made by Selectmen Kimberly Stacey–Horn to accept the minutes of November 10, 2021; seconded by Selectmen David Winchell Jr. No discussion. All in favor..

6.      DEPARTMENT HEAD / COMMITTEE CHAIR UPDATES - None 

7.     OLD BUSINESS

A. Salt Bids -

The Town Administrator reminded the Board that last week they discussed the COG and where the bids stood. An email was received from Marianne of Southern Maine Regional Planning and was read aloud. Eastern Salt responded that since a price of $58 per ton was bid, and their costs have increased so much since then and since they are already losing a large sum of money, they cannot grant the Town of Acton an additional 1800 ton at the same cost. Morton Salt is being sought for their price of $63.55. Discussion ensued. If Morton does not honor the $63.55, the Board will have no choice but to go with Granite at $68. The Board will wait an additional week to see what happens. The Road Commissioners confirmed they currently had Salt. 

8. NEW BUSINESS:

A. Freedom of Information request -

1. Mr. Jeff Donahue - Requested the warrants for the years 2004, 2005, 2006 and 2007. Those are copied and ready to be picked up. Mr. Donahue will be notified of the copying costs. Remember those fees have changed. 

2. Mr. Jeff Donahue - Requested the Selectmen meeting minute tapes on DVD for March 17, 2021, September 23, 2020, December 3, 2020, January 20, 3021 and July 9, 3021. The APAT Director we be handling this and as soon as they are ready will inform the Town Administrator.

3. Mr. Donahue sent an email to inform the Board that Covewood Drive was not in compliance with the Acton Road Ordinance. It appears that it is a violation of part H 2A Class A and B roads must discharge on a Town Way or State Highway. Mr. Donahue also advised the Board that this road was not grandfathered to the rules due to the vote of the 2007 warrant as follows. Mr. Donahue's question was, Shall the ordinance entitle Acton Road Ordinance to be amended? In there, all private Roads and unacceptable ways in existence prior to January 1, 2003 are exempt from Road standards. Listed in the email are the results of the election that day.

The Town Administrator reiterated that Mr. Donahue was formally informing the Board of that. 

B. District One Scope of Work - 

Road Commissioner Will Langley approached the Board to go over his scope of work with the Board. The first project discussed was fixing potholes on West Shore Drive. Mr. Langley's plan was to cut out the four large sections, repair and pave over before winter time. The Board agreed and initialed the paperwork.

C. Tree Work Discussions-

Both Road Commissioners looked into hiring a new tree service and received the following quotes:

· CTI Tree Service of Shapleigh $1400 per day bucket truck and chipper

· Urban Tree Service of Rochester $ 1500 per day 2 men crew with chipper; 2400 per day 3 men crew with crane.

W9 and insurance for both companies have been completed and filed.

Discussion ensued. Difference of $100 per day. The Board agreed to allow the Road Commissioners to use these services at their discretion. No issues.

D., E., and F. – Article 41, June 2010 Warrant; BOS Minutes and Voter Intimidation/Integrity -

Mr. Donahue changed the order to E, F and D as he was speaking on all 3 topics.

Mr. Donahue stated he wanted to change the order as he did not make this order and the way he is set up it is a lot easier for him to go through that order. Mr. Donahue reminded the Board that he had a hard time publicly speaking. 

Mr. Donahue asked if there was a motion that needed to be made to do this? Response was no. The Town Administrator apologized for she did not know there was a preference and made the order randomly.

Mr. Donahue: I'm going to start with E and F and then D last because that's more of a bigger topic. This here is pretty simple.

So, in the Board of Selectmen meeting on January 6, 2021, under new business H. H says Jeff Donahue is the agenda item. Mr. Jeff Donahue's requested to be on the agenda. Mr. Donahue refuse to wear mask inside the town and chose to leave. The Town Administrator presented the papers Mr. Donahue was going to present to the Board for review. These papers were followed and it lists the papers that you had with no clue to what the hell I was going to talk about. But anyways, back on the inside, the Town Hall and chose to leave that's inaccurate because I sat over there and you came up to make me. You said that if I cannot wear that mask over my nose the whole time I have to leave. I didn't choose to leave you told me to leave if I couldn't wear a mask. Selectmen Kimberly Stacey-Horn: Yes, that's what we were told we had to do, so… 

Selectmen Winchell Jr. spoke up indicating that's what we were told we had to do.  Mr. Donahue: Right, this is inaccurate, I didn't choose to leave, I was asked to leave. Selectmen Winchell Jr.: So, what's the problem? That was State mandated. Mr. Donahue: This is inaccurate.  Selectmen Stacey-Horn: So, you want that it...Mr. Donahue: It says I chose...Selectmen Stacey-Horn: To give you... Mr. Donahue: It says I chose to leave. I did not choose to leave. I was asked to leave. It's an inaccuracy in the minutes. Selectmen Stacey-Horn: Okay. Mr. Donahue: Don't argue with me. Selectmen Stacey-Horn: We don't need to fight about it... Mr. Donahue: Don't let someone interrupt me again please. The problem with that is it's against the law the law okay it's against the Town of Acton... Selectmen Stacey-Horn: Okay, you want this fixed though accurately that I guess, okay, let's move on to the public record. Mr. Donahue: Well, I'm not done discussing.  Selectmen Stacey-Horn: That's fine. Mr. Donahue: Okay, according to the Town of Acton's access to public policy, public meeting policy in accordance with the laws the State of Maine regarding the Freedom of Information Act M.R.S.A. 401, all persons are entitled to attend public proceedings and to make recordings.  I was not allowed to stay, I was not allowed to stay at that public proceeding. Now, we're going to learn later about home rule and how the Governor has no authority over local ordinances just like, just like the Secretary of the State has no authority over elections and the Attorney General has no authority over local issues, over local issues. It's also a violation of Title 1 Sub Section 403, meetings to be open to the public and according to the minutes recording of the meetings which is basically what was just said. Proceedings open to the public as, except as otherwise provided by Statute or by Section 405, all public meetings must be open to the public and any person must be permitted to attend a public proceeding. The Governor has no say over local municipality issues. Mark my words. I just, as you know, I just got confirmation from the Secretary of State. If the Secretary of State has no authority over local elections, then no State Official has local authority. 

Selectmen Winchell Jr.: So, so you're telling us that we have no authority to enforce the mandate. Mr. Donahue: Yeah. Selectmen Stacey-Horn: That our Governor told us we had to do?

Selectmen Winchell Jr.: We would be in State violation if we hadn't. Mr. Donahue: They can't tell you to. They have no authority. We are a home rule State by the Maine Constitution Amendment 8A.  Selectmen Stacey-Horn: Okay. Mr. Donahue: That says we are a home rule State. This is why we have these rules, so we don't have to rely on the State to run every ordinance. We are allowed by constitution to make our own rules. Selectmen Stacey-Horn: Okay.

Mr. Donahue: Those rules are made, we'll get to that, those rules are made at the Town Meeting by the people in this Town, not by the Selectmen like in Sanford, who has a Town Council. We'll get to that in a minute. So, that's all I need to say about that I just want to make a public record.

Selectmen Stacey-Horn: Okay, so that will be changed. 

Mr. Donahue: So, the next meeting was June 30th. Selectmen Winchell Jr.: What are we supposed to be looking at sir? Mr. Donahue: on the public is this the right agenda? I need to look if you don’t mind. Selectmen Stacey-Horn: June 30th 2021? Mr. Donahue: E, F and then D, yes. So, F is... Selectmen Stacey-Horn: Old or New Business? Mr. Donahue: That would be June 30th. Selectmen Stacey-Horn: All right, so June 30th 2021. Mr. Donahue: Under Public Comment, Bernard Broder approached the Board to counsel them that while conducting the Board of Selectmen meeting, any time the Board, the Select Board votes on an issue, there should be an opportunity to leave a public comment. My, my, my thing starts here. Following that Mr. Broder continued critiquing the Town Meeting and how the vote take process was handled, especially between recounts and doing a remote. Discussion ensued and Selectmen Winchell Jr. noted that no matter the process, the outcome of the vote was the same. It failed. The Town Administrator explained that Mr. Nass was an elected moderator and had no jurisdiction and cannot trump the moderator. Mr. Broder pursued discussion semantics and logistics. Outcome was a good lesson and when Mr. Nass comes to the Town Hall to review the Town Meeting and what took place at that time, these concerns and issues will be addressed.

So, somebody, Mr. Broder, brought up an issue of what he felt was voter intimidation. That people voted differently because they were afraid to raise their hand. Now, on September 23rd of 2020, you can look at the tape Dave 51:10, you know where this is going, don't you? Dave, you said... Selectmen Stacey-Horn asked what was the date again? Mr. Donahue: September 23, 2020, 51:10 on the minutes, Dave said in discussion, my petition that was going to...on the next warrant, Dave said, I want to see this in an open meeting, I quote, "I want to see this in an open meeting so I can see everybody who voted for that so when everything hits the fan, so we know that these are the people who did this." Do you remember saying that Dave? Selectmen Winchell Jr.: I'll say it again. Mr. Donahue: Really? Selectmen Winchell Jr.: Yeah. Mr. Donahue: Okay. Selectmen Winchell Jr.: You guys see the problem is, sir... Mr. Donahue: That's voter intimidation. Now let me finish... Selectmen Winchell Jr.: No, no, no, no, no hold on here, I.... Mr. Donahue: This is my time, this is my time (Mr. Donahue was over talking Selectmen Winchell Jr.) I'm not done. 

Selectmen Winchell Jr.: Okay, I'm going to respond... Mr. Donahue: Oh, this is my... Selectmen Winchell Jr.: I'm going to respond to this, I'm going to respond to this or you can sit sown. Mr. Donahue: My time... (Continued over talking of each other.) This is my time. Selectmen Winchell Jr.: You keep bringing me into this conversation. Mr. Donahue: But, I'm not finished yet. Selectmen Winchell Jr.: Okay, but I'm going to reflect that... Mr. Donahue: Well, that's fine, you can rebut it when I'm finished Dave. Selectmen Winchell Jr.: When I made that remark.... Mr. Donahue: You are interrupting. So, what I'm finishing is that during the meetings, you all sit on a stage at a elevated level. The Selectmen shouldn't be sitting up there facing the whole meeting because it's a psychological thing that your elevated position shows a position of authority and in the Town Meeting you have no authority. You have no authority at the Town Meeting.

Pointing to the Town Administrator, Mr. Donahue: You' re the, you're the Election Official, the Lead Election Official.... Selectmen Winchell Jr.: Where do you want us to sit? Mr. Donahue: You're going to sit down with everybody else. The only person who should be on the stage is the Moderator and the Secretary taking minutes. That's it. 

Selectmen Winchell Jr.: Where did you get that information from? Where is there another town... Mr. Donahue: It's not, it's, it's, you, you intimidated the voters with your words. It's a voter intimidation. Selectmen Winchell Jr.: I said that at Town Meeting? Mr. Donahue: No, you said this...Selectmen Winchell Jr.: No, I didn't say that at Town Meeting. Mr. Donahue: at a Selectmen's meeting. Selectmen Winchell Jr.: while sitting up on a thing... Mr. Donahue: You said it in a public meeting.  Selectmen Winchell Jr.: I did. Mr. Donahue: You did. Selectmen Winchell Jr.: You're dam right I did. Mr. Donahue: Good. Selectmen Winchell Jr. Said something further but Mr. Donahue kept talking. Mr. Donahue: Remember, everything you say here can be used...that's good and its public record. Selectmen Winchell Jr.: Genius and there's a camera right there. Mr. Donahue: Perfect.

Selectmen Stacey-Horn: Okay, let's move on. So, you have an issue with us sitting up on that, on the stage. Mr. Donahue: I do, and I... Selectmen Stacey-Horn: That's fine. Mr. Donahue: have an issue with Dave's voter intimidation. He can call it whatever he wants... Selectmen Stacey-Horn: You brought it up... Mr. Donahue: I feel that it's voter intimidation. Selectmen Stacey-Horn: Okay. Selectmen Winchell Jr.: I believe we didn't vote on it at a Town Meeting, we did do it at secret ballots like... Mr. Donahue: It doesn't matter.  Selectmen Winchell Jr.: How did I intimidate you. Mr. Donahue: What you said, you did, what you said is what you said. Selectmen Winchell Jr.: How did I intimidate you? Mr. Donahue: You said you wanted... Selectmen Winchell Jr.: How? Mr. Donahue: We don't know, but apparently you may have because someone brought it up in June 30th and said.... no... somebody else brought it up June 30th and said that people changed their votes and because they felt that they may have been afraid to raise their hand. 

Selectmen Winchell Jr.: So, read. We explained what happened there. Mr. Donahue: It doesn't matter what happened, I think there was voter intimidation. Selectmen Winchell Jr.: The people over there working didn't get counted because they thought they were workers and didn't really know... Mr. Donahue: Somebody else felt that that they could make people change. I didn't make it off...

Selectmen Stacey-Horn: So, what is the next... Town Administrator: Let me see if I can clarify a couple of things. Mr. Donahue: I didn't make it up. Town Administrator: Hold on, when, if we go back and watch the Selectmen's meeting where Mr. Broder makes the concern at Town Meeting because he did speak to myself and Mr. Nass afterwards, it had nothing to do with, and I would encourage you to go back and watch it. Let me just finish. Mr. Donahue: I've watched it a few times. Town Administrator: His statement up here wasn't about that, it was about the incorrect count based on the people on the side. We often when things are that close, count twice and he was afraid people might have changed their votes, but, I... Mr. Donahue: That's right, he felt the people may have changed their votes. 

Town Administrator: Yeah, but it wasn't about...but in regards to them sitting at the top.... Mr. Donahue: He still felt people may have changed their vote, right? Town Administrator: And, people change their votes often on articles, absolutely. But, that's something that that really is a Moderator issue because the Selectmen nor myself as Clerk have the authority. If Mr. Nass indicates that it's that close or whoever your elected Moderator is, feels that it's that close and calls for a second count, then, he's just trying to make sure it's an accurate count and that's his call and you need to elect a different Moderator. As far as the Selectmen sitting up front, I'm going to take full responsibility for that because that's something that I asked them to do starting several years ago and the reason for that Mr. Donahue is that seeing in surrounding towns that do it, it's the Selectmen's warrant. They have to answer these questions and address the...any...they have to answer the questions. I mean an article is read, people question it, the discussion goes back and forth. It's up to them Mr. Donahue: Is there any reason why they can't sit down with everybody else or in a group over there by themselves with a mic? They don't have to sit up... Town Administrator: I think that just because of the way it's spread out, it's easier to see people. They certainly don't, when I brought that up years ago, they started doing that. It wasn't so that anybody would feel powerful, it was so that it was a respect. If I'm addressing a crowd, I can see all of them.

Mr. Donahue: Google what it all means to be sitting in a higher position as... Town Administrator: That’s not intended that way, it’s to oversee it. Mr. Donahue: It's intimidating. Town Administrator: Okay. I don't want you to be intimidated. Mr. Donahue: Everybody sees things differently. Town Administrator: I agree. I'm just trying to tell you why I asked them to start doing that. They used to sit on the ground, on the floor, but people couldn't see them, couldn't hear them, they weren't answering the questions, the Treasurer and I were up there and it's not our warrant. So, we asked them to start sitting up there to address their voters. 

Selectmen Winchell Jr.: I don't believe anybody's ever complained about it. Town Administrator: I'm just, I just wanted him to hear it from me. 

Mr. Donahue: Here I am. Selectmen Stacey-Horn: Okay, what's next? We looked at that, looked at that, so July 29th, is that the next one? Mr. Donahue: Yeah. Town Administrator: There's another set of minutes. 

Mr. Donahue: So, on July 29th. Selectmen Winchell Jr.: Where are we looking? Mr. Donahue: Ah, give me one second. I believe it was, it must be under, um, um, E. Under, must be new business E. The Road Commissioner Ordinance. 

Mr. Donahue: So, what's...I'm not going to read what was said. I'm going to read what was not put in the minutes. Selectmen Stacey-Horn: So, what was not put in the minutes? Mr. Donahue: Yes, so what was not put in the minutes was at 44:29 in the tape, Jennifer sat there... Selectmen Stacey-Horn: can you just hold on a minute Jeff? Mr. Donahue: Yeah. Selectmen Stacey-Horn: I'm just trying to get with where you are. Town Administrator: See six? I don't need it in front of me, I have the... Selectmen Stacey-Horn: I have two sets here. Town Administrator: Here, just go on from that one. Selectmen Stacey-Horn: Okay, go ahead Jeff. I'm sorry.

Mr. Donahue: So, at 44:29, before this discussion got going, Jennifer called Mr. Doliber up to the here and she told him and I quote, " ordinances cannot be changed by the Selectmen, they can only be changed by the people. So, when the voters approve these ordinances, they are your Bible. Do you agree with that? Okay. So, on December 3rd of 2020 during a Selectmen's meeting, you all sat down and amended the Solid Waste Ordinance. You amended here. Town Administrator: No. Selectmen Winchell Jr.: We're going from Road Commissioner? Mr. Donahue: No, we're going from... Selectmen Winchell Jr.: Okay. Mr. Donahue: We're talking about you cannot change the Ordinance. Selectmen Winchell Jr.: So, you are using what was said in this here to validate what you are trying to get to up there. Mr. Donahue: A correlation, yeah. Selectmen Stacey-Horn: So? Mr. Donahue: You, you amended the Solid Waste Ordinance on December 3rd, actually, you didn't amend the Solid Waste Ordinance on December 3rd, you discussed the Solid Waste Ordinance to be, you said it was to be in compliance with the COVID 19 protocol, which was that everybody had to wear a mask at the dump. If you did, if you didn't, if you refuse, if you've refused to wear a mask, you're not allowed at the dump at all. Provisions were made for people with medical conditions. This is an alteration of the Ordinance. There's nothing in the Ordinance that gives you power to, there's nothing in the Ordinance that gives you power to restrict people from going to the dump. 

Selectmen Stacey-Horn: Well, I don't think we had COVID when we made that Ordinance did we? Well, I mean we had the rules and regulations from the government. Mr. Donahue: You cannot change the Ordinance. 

Town Administrator: So, let's look at the Ordinance because I'm con you are absolutely right and they just agreed. What part, where in the December minutes was this changed. 

Selectmen Winchell Jr.: It was state mandated. Mr. Donahue: Mandate has no rule in home rule friend. That's why we have an Ordinance. If you wanted to change the Ordinance and bring it up to... Selectmen Winchell Jr.: To have a Special Town Meeting. Mr. Donahue: Yes sir. Selectmen David Winchell Jr: To make people aware. Mr. Donahue: Yes. Selectmen Winchell Jr.: Well that sounds wicked smart. Mr. Donahue: Well, that's what you said. Selectmen Winchell Jr.: It was an emergency situation. I believe the State... Mr. Donahue: It doesn't matter. You don't have the same emergency powers as the Governor had. And, do you know why the Governor had emergency powers? Because the Legislative body of the State gave her those powers. The Legislative body... Selectmen Stacey-Horn: She doesn't have the power to tell us what to do? Mr. Donahue: No.

Selectmen Stacey-Horn: So, then why do we have a Governor? 

Town Administrator: Can we just for a second, we got to go to the minutes. I'm not understanding what he's saying. Where in the minutes specifically did the Board of Selectmen vote to change an Ordinance. I'm missing the date. What was it? December? Mr. Donahue: December 3rd please. 

Selectmen Stacey-Horn: So it's true? Town Administrator: 2020? Mr. Donahue: Yeah, I believe it was H. Town Administrator: December 2nd. Mr. Donahue: Yeah, I'm sorry, December 2nd. 

Selectmen Winchell Jr.: We voted to actually change an ordinance? Town Administrator: Hold on. Let me look. Mr. Donahue: No, you didn't vote. 

Town Administrator: Okay, so under H. Selectmen Winchell Jr.: We did change an Ordinance, we just applied the mask mandate, which changes our Ordinance? Mr. Donahue: Again, Maine has home rule. That's why we have ordinances and the ordinances don't have to match the state rule. Now, they do, they cannot conflict with State law. Okay. That mandate is not a law and it does not apply to the local ordinances. If you wanted to amend the ordinance you would have had to call a Special Town Meeting. Let me tell you why you didn't call a Special Town Meeting Dave, because you said yourself you wanted that petition in a Town Meeting. Open Town Meeting because you wanted, you know my petition was... Multiple people talking: Talking about the salt petition. Mumbling... Yeah it did. Either way. All right. 

Town Administrator: So, I'm looking at... Selectmen Stacey-Horn: Isn't that the reason why... Selectmen Winchell Jr.: So, you are accusing us of changing the ordinance at the Transfer Station. We did that but we should have done it at a Town Meeting. Right. Okay.  Selectmen Stacey-Horn: That's what you’re saying right? Mr. Donahue: Would have happened... Selectmen David Winchell Jr: So, what you are saying is instead of us actually going to have a Special Town Meeting to enforce the mask mandate, I didn't want to do that because if I did that, that meant we would have had to have that your ordinance on a thing. I thought this through. Okay. Um, absolutely not. Okay. No, you're just you're making an accusation. Mr. Donahue: Okay. Selectmen David Winchell Jr: Honestly, it doesn't matter, you're... Mr. Donahue: It doesn't negate the future, it doesn't negate the fact that you amended the Ordinance. 

Town Administrator: So, I have the Solid Waste Ordinance pulled up in front of me. Mr. Donahue: Okay. Town Administrator: What section specifically from the December of 2020 Board of Selectmen's meeting did they change from this ordinance as voted in by the people. Mr. Donahue: No. Town Administrator: What did they change? Mr. Donahue: They didn't change anything. Town Administrator: So, they didn't change the ordinance? Mr.  Donahue: No. Selectmen David Winchell Jr: We didn't change anything. Mr. Donahue: Let me tell you. Town Administrator: Don't please don't point at me. Mr. Donahue: Scroll down scroll down and.... Town Administrator: Look in the ordinance. Mr. Donahue: Look under the authority please. Town Administrator: Regulated activity.... Mr. Donahue: Administrative I believe it says. Town Administrator: Yep, so administrative, so this order shall be administered by the Board of Selectmen. Mr. Donahue: So, what, what is the Selectmen authority concerning the dump? Town Administrator: So, the ordinance shall be administered by the Selectmen and their powers and duties are to adopt reasonable rules and regulations as need to enforce this ordinance. Mr. Donahue: Enforce the ordinance. Town Administrator: Okay, I have to adopt reasonable, okay, to consider all license applications to grant or deny each application within 60 days, to review any alleged violations of this ordinance and to impose appropriate penalties, to institute necessity, to institute necessary proceedings either legal or equitable to enforce this ordinance. I guess I'm not seeing what they have changed. Mr. Donahue: You have no authority other than to enforce the ordinance. Town Administrator: So, you are saying the mask mandate, okay, just so I can understand for the minutes. Selectmen Stacey-Horn: You're saying, you would have wanted to see.... Mr. Donahue: You violated your oath. You sat in a different seat. You became the legislative body. Selectmen Stacey-Horn: Okay, we understand, we understand what you are saying.

Selectmen Winchell Jr.: Every single Selectmen in the State of Maine did exactly, except for a couple of... Mr. Donahue: No, they didn't because Lebanon didn't. Selectmen: Good for Lebanon. Mr. Donahue: It doesn't matter. Lebanon didn't violate people's rights. Selectmen Winchell Jr.: Tried to speak regarding going by State mandate.... full account garbled. Mr. Donahue: Lebanon didn't violate people's rights. Again, Selectmen Winchell Jr.: If you got a problem with that... Mr. Donahue: Take you to court? You want me to take you to court? Are you going to resign? Selectmen Winchell Jr.: I'm not resigning. Mr. Donahue: Okay, have a good day. 

Town Administrator: Are we going over the other items? Mr. Donahue: No, we're going to court. Selectmen Winchell Jr.: Let's go over the other items. I mean you've got time today. 

Selectmen Winchell Jr.: You try to goat me into resigning. Selectmen Stacey-Horn: Okay, let's move on.  Selectmen Winchell Jr.: Definitely. Something else. Town Administrator: I do have a legal opinion on Article 41 I was hoping to share with you. We're going to get to that? So, was that the last of the minutes? The piece about the Solid Waste Jeff? 

Mr. Donahue: Well, the problem with article 41, now we go to, yes, we can go to Article 41.

Town Administrator: Did we cover voter, I want to make sure that your voter intimidation integrity, we've covered that. Mr. Donahue: Yes. Town Administrator: Okay. Yeah, so 41. Mr. Donahue: I just want this all-in public record. Town Administrator: I know that. Mr. Donahue: So, when I go to court I have it in public record that I've addressed this with you all. Okay? 

Town Administrator: Okay. So, 41 just to catch up the public. This is a 2010 vote. Actually, if you are looking at the minutes, you are looking towards the front because someone motioned to move the article to the very beginning, so we dealt with it right away. The question was to see if the Town would vote to accept the following road as town ways and there was a list of our list of roads listed there. I believe Mrs. Yeaton made a motion to amend it to change one of the roads the amendment passed but the article as a whole after the amendment, failed. So, there are the roads based on this article we're not accepted as town ways. This is, do you want to give them more information before answering? Mr. Donahue: Yes. 

Selectmen Stacey-Horn: Which, I don't know, so it's an article? Town Administrator: You have to find it in the back under Article 41 but the results are... Selectmen Stacey-Horn: All right, thank you.

Mr. Donahue: So, this goes back to Dave's statement to Mr. Broder on the vote in the Town is that it doesn't matter the process, the vote still failed. Okay. And, if Dave wants to contest the vote or contest the article, or contest any part of the warrant, then he has to do that in court. He has no authority as Selectmen to overturn that vote. I brought this vote to the Selectmen's attention first in 2019. I sent you the email. I officially brought it as public record on June 20th on January 20th 2021. I was laughed at. I was told that the vote was frivolous and that he's not going, he's not going to obey it. But, it doesn't matter. Your only job Dave is to make sure that that vote is pulled through. If you want to contest it, you have to contest it in the court because you're not the judicial bench. You can't overturn a vote Dave.

Selectmen Winchell Jr.: You're right. You know what, you are very right. Mr. Donahue: Good. Selectmen Winchell Jr.: You know what? I think we ought to make a motion right now that we stop plowing Acton Ridge Road, Baker Lane, Buzzel Road, Canal Road. County Road, Dandy Road, French Street, Garvin Road, Gone Road, let's see what else do we have here because... Mr. Donahue: Keep going Dave, you made the motion.  Selectmen David Winchell Jr: No, no, no, no, no someone just said...  Mr. Donahue: No, you just said I just like to make a motion. Selectmen Winchell Jr.: Shush… Hopper Road, Lakewood Drive, Lakeside Drive. Lebanon Road, Mann Road, Nason Road, New Bridge Road, North Shapleigh Road, which I don't know why that was on there, now that was probably why it failed. Orchard Road, Peck Road, Point Road, Sam Paige Road, Sanborn Road, Youngs Ridge, do we have more? I don't know I probably got my point by here at this point because see I wasn't a Selectmen when this frivolous article went down through this was somebody so... Mr. Donahue: It doesn't matter. S

Selectmen Winchell Jr.: Shush. I'm speaking. Mr. Donahue: The vote still stands; the vote was never changed; the vote was never contested in court. Selectmen Winchell Jr.: That's why we ought to just stop plowing all these roads. Mr. Donahue: Yes. Selectmen Winchell Jr.: We should very well do that. Selectmen Stacey-Horn: Right before winter we should stop? Selectmen Winchell Jr.: We should stop maintaining Sanborn Road? Mr. Donahue: It's the vote. Selectmen Stacey-Horn: Hey, hey. Mr. Donahue: It's the vote. Town Administrator: Okay. Mr. Donahue: The vote of the people. You cannot overturn a vote. Selectmen Winchell Jr.: These roads ok, I think I explained it... Mr. Donahue: There's probably six million dollars into them roads since 2910 when they were voted on of taxes. Selectmen David Winchell Jr: Probably not. Mr. Donahue: What is their budget, it's a quarter million dollars apiece for their budget. I see the budget every year. Okay, so, that's right that's half a million dollars a year.

Selectmen Winchell Jr. So, how do I rectify. Mr. Donahue: How much is it? Selectmen Winchell Jr.: How do we rectify this? Selectmen Stacey-Horn: Because we can't just say... Mr. Donahue: No, no. Selectmen Winchell Jr.: You come up here, you brought did you now, rectify this. Mr. Donahue: Well you are going to have to make it, make some kind of provisions in the ordinance.

Selectmen Winchell Jr.: We've got a legal opinion on it already. Mr. Donahue: Okay. We've done that because obviously we need to do our... Mr. Donahue: What is the legal opinion? Selectmen Kimberly Stacy-Horn: I'm going read it and... Mr. Donahue: That the Town can make a road... Selectmen Stacey-Horn: How about let her read, how about let her read what we got for an opinion. Mr. Donahue: Yeah, alright. I guess I'll have to. Selectmen Stacey-Horn: Okay. Selectmen Winchell Jr.: I wanted to hear how we were going to solve this problem. What's the best way to solve this problem. That's what I want to hear. Mr. Donahue: The problem is Dave is... Selectmen Winchell Jr.: Stop plowing these roads and... Mr. Donahue: Will you let me talk? Selectmen David Winchell.: Yeah, sure, go ahead.

Mr. Donahue: Thank you. Selectmen Winchell Jr.: As long as it is an explanation. Mr. Donahue: It's an explanation. The problem with the explanation in the resolve of this issue is that since 2006 when you all decided you wanted to stop maintaining that you all well because the Town all right, this is not personal.  Selectmen Stacey-Horn: No, I'm just saying, I'm just saying... Mr. Donahue: I'm sorry I used the wrong pronoun. Selectmen Stacey-Horn: Okay. Mr. Donahue: Okay. So, the Town decided in 2006 they weren't going to put any more private roads on the warrants, there was no vote there was no nothing they just there's no more plowing the roads which is fine and dandy but since that time you not you but the Town, the people of the Town because by vote they made the Road Ordinance. Okay and they made the Road Ordinance so strict that it's almost impossible, your words. Selectmen Winchell Jr.: I agree with you. Mr. Donahue: Okay they made it almost impossible for roads to become Town approve roads. Now not my problem. My problem is this vote is a legal vote; it was signed by the Selectmen; the warrant was signed by the Selectmen and it was certified by the Clerk.

It was a legal vote that got ignored because I can't find any discussion from 2010 all the way through 2012 because I've gone through all the minutes. Every minute that's online I've been through them. There was no discussion about this article again. It was simply ignored. I brought the situation to the Town back in 2019 and then again in 2020 and you refused, you acted as a judicial committee and you overturned the vote. Instead of honoring the vote like you were supposed to. Selectmen Stacey-Horn: So, wouldn't we just bring the list to the people and get it reviewed? Mr. Donahue: Now that the road ordinance is so strict, that these Town, these roads have to be, it, that's fine, you hire an engineer, the people have to hire an engineer, they have to go by the road. The people who live on this road because they're private roads. No different than any other private road in Town. The people who live on these roads have to hire an engineer and have it all engineered. It has to meet the specifications of the current.... all of the roads on the roads. Selectmen Stacey-Horn: All these roads are private? Mr. Donahue: All of them roads were turned down in 2010 to be public roads. Yes. It's the vote. I'm not making it up. Selectmen Winchell Jr.: The unfortunate part... Mr. Donahue: It's a success part of the job ain't it Dave? Selectmen Winchell Jr.: What you don't understand is, I didn't.... this was done when I was not a Selectmen. Mr. Donahue: I understand that, but you are not listening and it is your job to enforce it. I shouldn't have to.... Selectmen Stacey-Horn: We are going to have Jennifer... Mr. Donahue: go to court to make sure you do your job. I'm going to make sure there is going to be a penalty. Selectmen Winchell Jr.: I'm sure. Selectmen Stacey-Horn: Okay. So now we... Selectmen Winchell Jr.: We know why you are up here. Mr. Donahue: Why am I up here? Selectmen Winchell Jr.: We've gone through this a zillion times. Selectmen Stacey-Horn: There's a motion on the table, what am I going to do? I'm not going to vote to... Selectmen Winchell Jr.: I asked the Town Administrator to get a legal opinion. Mr. Donahue: Who's your legal opinion from? Joe Lenkowski? Town Administrator: Correct. Mr. Donahue laughed: Yeah, okay, good luck. I'll see you in court. 

Town Administrator: Well, I'm still going to read it for them. Mr. Donahue: He's biased. 

Town Administrator: We didn't use Bourque and Clegg because of the Tattle Street connection. So, I've stayed away from it. 

Selectmen Winchell Jr.: This is our lawyer. We have three lawyers that we use. We had a conflict with one of them because of Tattle Street. Town Administrator: Who is our general attorney that we use for everything. Selectmen Winchell Jr.: We are going to use it and this is that the remarks made by the gentleman walking off is just an opinion of his. We...(yelling from the crowd), shush. Excuse me, if you want to speak, come up here or you're done. Sit down. We are going to read the opinion from our lawyer, okay. Mr. Donahue back at the podium: You keep spreading this information. I didn't make that up. I'm not here for some kind of special agenda. Selectmen Winchell Jr.: Sit down please. Mr. Donahue: That's the real deal right there. That's the vote of the people. You cannot deny it. Selectmen Winchell Jr.: Sit down. Mr. Donahue: I will not. I have a legal opinion too, it's called the Constitution of Maine. Selectmen Winchell Jr.: Are you a lawyer? Mr. Donahue: I am now. Selectmen Winchell Jr: You are now? Mr. Donahue: Yeah. Selectmen David Winchell Jr.: You passed the bar? Mr. Donahue: No, you know what I've been doing for the last year Dave? Studying. Selectmen Winchell Jr.: I see you have. Mr. Donahue: It will count in court. You shall see friend how good I am. Never under estimate me. Selectmen Stacey-Horn: Okay, all right, it is time for Jennifer to speak.

Town Administrator read email aloud:

Good afternoon Jennifer,

You have requested my opinion regarding the effect of the failure of the June 8, 2010 Town Meeting to approve Warrant Article 41 which sought the acceptance of certain roads in the Town as Town Ways.

Presumably the Article was put forward due to the lack of information in the Town records regarding the status of the roads in question.

This opinion is based on the assumption that all of the roads listed in Article 41 are roads that have been paved/improved by the Town and that the Town had been solely responsible for repairing and maintaining the roads for no less than 20 years as of 6/8/10.

The Maine Supreme Court has stated in numerous opinions [see e.g. State of Maine v. Beck, 389 A.2d 844 (Mr. 1978); MacKenna v Inhabitants of the Town of Searsmont, 349 A.2d 760 (Me. 1976)] that there are three ways by which a public way may be established: by laying out and accepting, by dedication and acceptance, and by prescriptive use.

A road becomes a public way by prescriptive use when, for a continuous period of at least 20 years, the municipality asserts control over the road by opening it for public use and assuming exclusive responsibility for improving, repairing and maintaining the road.

Accordingly, to the extent of the roads listed in Article 41 were improved (typically by paving) by the Town and are exclusively repaired and maintained by the Town for a continuous period of at least 20 years prior to June 8, 2010, those roads were, in fact, already existing town ways as of June 8, 2010, so the failure to designate them as such by passing Article 41 had no effect on their status. Once a road has attained the status of a public way by one of the methods referenced above, it retains that status unless and until it is abandoned or discontinued pursuant to the applicable Maine statutes.

I hope this is helpful.

Joe

Law Office of Joseph Lenkowski

Selectmen Kimberly Stacey-Horn: You don't agree with that I'm sure. 

Mr. Donahue: Right. According to him, then, all of them roads in 2006 that you start maintaining because I have proof that the Tattle Street was maintained for at least 35. So, is that a Town Road too? 

Selectmen Stacey-Horn: So, what you are saying is that from 2000 the Town didn't take care of...Mr. Donahue: I've looked at the records. Have you looked at the records? 

Selectmen Winchell Jr.: I can answer this, the Town graded and plowed it for years. Mr. Donahue: 35 years. Town Administrator: Paved? Mr. Donahue: They have easements to cut trees, they have all kinds of stuff in there, in fact, the Town placed three sub developments down on Tattle Street. Selectmen Stacey-Horn: Is it paved by the Town? Mr. Donahue: The Town... Selectmen Winchell Jr: Approved them. They didn't put them. No, the Town approved. The Planning Board approved those subdivisions. Mr. Donahue: Okay. Selectmen Winchell Jr.: Just because we... Mr. Donahue: Put a burden on the road.

Selectmen Stacey-Horn: Is Tattle Street all tarred? Mr. Donahue: Because they used to be six residents down there. Selectmen Stacey-Horn: If it's not tarred.... Mr. Donahue: Now there's a hundred. I don't believe that you uh I don't believe you can take, make a Town road by prescription. I don't believe that those roads were previously adopted. I sent you the FOIA request back in January and it was denied. If you can prove that....

Town Administrator: What FOIA was denied? Mr. Donahue: The FOIA to prove, to show that those roads on the list were pre.... Town Administrator: We never declined Freedom of Information request. Mr. Donahue: You did. You told me under Title 13 whatever, I'll send you the emails. Town Administrator: You had a right to come in and look at them. Mr. Donahue: No. You said that it was a two, the Town, the Selectmen decided it was too great a burden on the Town and the Staff to try and find. Town Administrator: Oh, you wanted. Right, you wanted those two... you wanted to find where each of those roads were adopted. Mr. Donahue: Right. Town Administrator: The law does say the Town has the right... Mr. Donahue: Your lawyer said that under the assumption that these roads were previously adopted as Town Ways.

Town Administrator: No. That's not what it says. It's not what it says, it says there are three ways... Mr. Donahue: There's the word assumption in there. Town Administrator: There are three ways a road becomes, one of three ways. Mr. Donahue: Go to the word assumption. Town Administrator: One by laying it out and accepting it; one by dedicating a dedication acceptance and one by prescriptive use. A road becomes a public way by prescriptive use when for a continued period of at least 20 years; the municipality asserts control over the road by opening it for public use and assuming exclusive responsibility for improving, repairing and maintaining the road typically by paving. Mr. Donahue: The only reason you got to do it for the last 11 years was because the Selectmen at the time didn't...

Town Administrator: No, they are saying 20 years prior to 2010. Mr. Donahue: They are saying those 11 years don't count. Town Administrator: So, they believe that a majority of those roads, those roads on that list prior to June 8th of 2010. Twenty years prior. Mr. Donahue: You plowed and maintained a whole bunch of roads whether they were paved or not. You took responsibility for those roads as well because the Planning Board authorized a 300, there's 100 properties down there and there's no easement on Tattle Street. Not one single easement. Okay, it's a private way. Okay? Town Administrator: Is Tattle Street paved? Was it improved by paving? Mr. Donahue: It was not improved by paving. Town Administrator: So, maybe that's why it doesn't qualify. Mr. Donahue: I don't think it applies, that it doesn't matter how you improve it, you've, the Town approved the road by grading, the Town approved the road by ditching. I believe the Town put the culvert on there, the big culvert. I have records of the Town Meetings and the sub development, the Wentworth Pine that went across the street there and how the Town was all involved in that.

The Road Commissioners went down to look at the road, to look at the culverts, to look at all this stuff if it wasn't their road, it was none of their business. They took responsibility for that road and many other roads as well including the Buzzell Road up there. They maintained that road forever. So, the people on Buzzell Road have the same concern as me. How come these, the negated vote, from the people in 2010 get to be maintained by the Town costing taxpayers half a million dollars a year to maintain these roads when they're not voted on? They voted no. The vote was no. So, if you want to make, take these roads by prescription, there's a method to do that. They have to be registered in the registry of deeds. There's a whole list of stuff that had legal issues that have to be resolved. Resolve them issues, the problem goes away. Get a legal opinion from the court, not from Joe Lenknowski. Joe Lenknowski is biased. How long does Joe Lenknowski work for the Town? Town Administrator: I'd have to look at the records. Mr. Donahue: Yeah, 100 years. You're paying him. Town Administrator: That's not fair. Mr. Donahue: The person that you are paying is going to tell you what you want to hear. Lawyers are just as corrupt as politicians. Town Administrator: Okay, that's enough. Yeah, that's not fair Jeff. Selectmen Stacey-Horn: Let's move on here. Mr. Donahue: It is fair. Selectmen Winchell Jr.: Sit down. Selectmen Stacey-Horn: Let's go to H. Selectmen Winchell Jr.: Mr. Donahue can you please sit down.

G. Meeting next week -