POLAND – The town finally has a full Planning Board, and its selectmen have a temporary set of rules to follow.
Selectmen voted 5-0 to move George Greenwood from an alternate position to full Planning Board member status. Greenwood fills the seat left vacant by Sue Ellis, who was not reappointed by selectmen when her term expired last month.
Also, in a unanimous decision, selectmen appointed Tom Learned as the second alternate to the Planning Board. Selectmen had already appointed Bruce Uldall as an alternate to replace Charles Friis, who resigned.
Town officials were caught by surprise when Town Clerk Judith Akers pointed out that Planning Board Chair Carl Duchette’s term expired this year. According to the town’s annual report, Duchette’s term didn’t expire until July 2005.
“In Carl’s case, the source I was using was wrong,” said Town Manager Richard Chick.
In sharp contrast to the past three contentious meetings, at which Ellis’s reappointment was discussed, selectmen quickly voted 5-0 to reappoint Duchette.
The previous split over Ellis brought to light the selectmen’s lack of bylaws. Questions on procedures and status created confusion and conflict over what selectmen could and couldn’t do.
Selectmen unanimously voted Tuesday that it would abide by the 10th, and latest, edition of Robert’s Rules of Order and defined itself as an independent board according to the parliamentary manual.
In the meantime, selectmen will work on creating their own bylaws and present them to Poland voters for approval at the next annual town meeting.
“I was surprised that the selectmen didn’t have bylaws,” said Jack Conway, a partner for Linnell Choate & Webber, an Auburn law firm that advises and represents Poland on general matters.
Conway serves on the Poland School Committee and had attended Tuesday’s meeting as a Poland citizen.
The local attorney noted that his firm was also surprised that it had not been consulted when the Ellis reappointment issue arose. The firm recently sent the town a letter giving its opinion on the matter. Selectmen had not seen the letter as of Tuesday.
Selectmen agreed Tuesday to consider other firms to provide ongoing legal services to the town. The board’s primary objection was to the advice it had received from Bernstein, Shur, Sawyer & Nelson, P.A. of Portland.
“We need help in figuring out how to straighten out this town,” said Chairman Glenn Peterson. “There are a lot of things that go on here that are unnecessary.”
A legal workshop last week resulted in the selectmen’s need to determine its status and its rules, while upholding the board’s previous vote defeating Ellis’s reappointment as a valid decision.
Attorney Geoffrey Hole of Bernstein, Shur, Sawyer & Nelson, gave a different opinion than outside attorney William Dale of Jensen Baird Gardner & Henry, another Portland firm.
The distinction became crucial when the question arose as to who could bring up a previous vote. During the July 6 meeting when Selectman Bud Jordan’s motion to reappoint Ellis was defeated, Selectman Steve Robinson was absent. The question arose as to whether Robinson could bring the vote up for reconsideration.
Selectmen Bud Jordan objected to the town’s paying for Dale’s services last week because Peterson requested his appearance without agreement by the full board. Fellow selectman David Corcoran said he felt “displaced” in not being included in the decision.
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