Phillips town manager placed on hot seat by citizens, Avon selectmen

PHILLIPS — Town Manager Jim Collins was put on the hot seat Tuesday night at the selectmen's meeting by the Avon Board of Selectmen and a group of discontented residents.

At issue with the Avon selectmen were: They said they're being overcharged for use of the transfer station and they're very unhappy with the threatening e-mails they've received from Collins.

Avon selectmen assert that they are being charged a percentage of the cost from Phillips' fiscal year, Feb. 1, 2007, to Jan. 31, 2008, instead of a percentage of the actual operation costs of the transfer station, which they believe to have been the agreement.

When the Avon board suggested a meeting to discuss the issue, Collins shot back an e-mail to Bob Ellis, chairman of the Avon board, that said, "Bob, I have just finished talking with Jon Wilbur (Phillips' board of selectman Chair) and am writing to tell you that if you do not pay the difference between what you were billed and what you paid by October 26, 2009, there will be an agenda item on the October 27 meeting to proceed to cancel the interlocal agreement with the town of Avon to provide solid waste and fire department services. I would recommend that you begin making plans to find service elsewhere if you do not pay the difference."

According to Avon Selectman John Calloway, Collins' e-mail also alluded to having support from other selectmen that appeared to mean he had been talking to the Phillips board about the issue outside a public meeting.

"The final straw was your comment about ‘I have two votes already and I can do what I want.' We (the Avon Board of Selectmen) have not met secretly to discuss this," Calloway said. "For years and years and years we have had an amicable relationship with Phillips, not a town employee acting as the czar!"

Collins stood firm on his means of deciding what figure to use for billing purposes for the transfer station, saying he has to use the bigger figure because of the difference in the two towns' fiscal years.

After an hour and a half, the Phillips board decided it was not going to settle the matter Tuesday night so it was suggested the two boards hold a workshop on the issue. A date was not be agreed upon at the time.

It was suggested that Collins not be present at that workshop, but resident Margaret Cosenza said, "Maybe for this one meeting it would be better to have just the (two boards), but since Jim has a bad attitude in his e-mails, we'll be putting him in a position where he will sue us, because it's a Maine law that he be allowed there."

Wilbur did assure Avon selectmen that neither their services at the transfer station nor the Fire Department were going to be disrupted in the meantime.

Next on the agenda was a meeting "with a group to discuss town issues."

About 30 Phillips people were present and because the town is still using the tiny in-town office instead of the new office in the old schoolhouse, more than 20 had to stand in an outer room.

The list of concerns included job descriptions, evaluations, town manager contract, administrative costs, financial reports, boiler issues and recouping funds spent.

"At the annual town meeting on June 27, 2009, Jim Collins clearly stated that his contract included a cost-of-living increase clause," resident Donna Chamberlain said. "Jim Collins has no written contract."

The group, which meets regularly to try to keep on top of town affairs, includes Matt Sharp, Chamberlain, Ken Ziglar, Margaret Cosenza and David Wilkins.

Members of the public said they would like to have an agenda posted a few days in advance so they can attend the selectmen's meetings if they wish. Although Collins said he had been drawing one up and posting it five places in town, residents said they had not been able to find them consistently. "Even with great difficulty," resident Cecilia Santillo said.

Collins did have an agenda for the Tuesday meeting and many of the items on the citizens' list of concerns were on that agenda.

No vote was taken, but an informal agreement was reached that Collins would start to have an agenda ready and posted by the Friday before a meeting was held.

Wilkins said the group didn't think it was fair that Collins could not be reviewed for past and future goals.

"There is no way to evaluate his performance," Wilkins said. "Selectmen, your job is to protect (the town) from litigation."

Collins said a lawyer is drafting a contract for him.

"The town of Phillips is in the worst overall shape than any town I have ever worked for," Collins said. "I took the job anyway because I figured I could help. I agree with what they're saying. I've been putting out one fire after another. Tonight is the first night we've had a chance to get to (some of these issues)."

When the group brought up the issue of financial reports, Collins said, "The financials hopefully are going to be straightened out this week."

"It's because of the years of neglect," Collins said. "We're just now starting to do it. Right now we're spending all our time trying to react. I'd rather be proactive, but when we're constantly dealing with things that have been neglected, it is difficult to get ahead."

Wilbur encouraged Chamberlain to do homework and come back another time so the board could get back to the rest of the town's agenda items.

But many of the citizens concerns were still not addressed as of Tuesday.

"It seems like everything around here is about passing the buck down to someone who isn't here," said resident Wayne Borden.

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